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HomeMy WebLinkAbout17 093 Davidson Centre Entranceway Reconstruction (Lavis Contracting Company Ltd.) TenderTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE K B T • LITY OF BINCPa� • 0 BY-LAW NO. 2017 - 093 BEING A BY-LAW TO ACCEPT A TENDER FOR THE DAVIDSON CENTRE ENTRANCEWAY RECONSTRUCTION (Lavis Contracting Company Ltd.) WHEREAS Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances; AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of the Municipality of Kincardine deems it expedient to accept the tender of Lavis Contracting Company Ltd. for the Davidson Centre Entranceway Reconstruction as outlined in Report No. PWD 2017-06; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: That the tender of Lavis Contracting Company Ltd. for the Davidson Centre Entranceway Reconstruction, in the amount of $431,343 (including non- refundable portion of HST), be hereby accepted. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute on behalf of the Council of The Corporation of the Municipality of Kincardine, any contracts and other documents required to authorize this purchase. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Davidson Centre Entranceway Reconstruction (Lavis Contracting Company Ltd.) Tender By-law". READ a FIRST and SECOND TIME this 5th day of July, 2017. READ a THIRD TIME and FINALLY PASSED this 5th day of July, 2017. t41�,i�cm,- 1v Mayor Clerk Davidson Centre Entranceway Reconstruction (Lavis Contracting Company Ltd.) Tender By-law By-Law No. 2017 - 093 CONTRACT DOCUMENT: Prepared by: B.M. Ross Project: MUNICIPALITY OF KINCARDINE Davidson Centre Entrance Reconstruction Contract No. 16083 Refer to Section A-4 for signed agreement (Page 154 in Laserfiche) Between Municipality of Kincardine 1475 Concession 5, R.R. 5 Kincardine, ON N2Z 2X6 and Lavis Contracting Co. Limited 37462A Huron Road, R.R. #2 Clinton, ON NOM 1L0 Filed under separate cover in Administration File — C01 in Central Records: Titled: Municipality of Kincardine By-Law No. 2017 - 093 BEING A BY-LAW TO ACCEPT A TENDER FOR THE DAVIDSON CENTRE ENTRANCE RECONSTRUCTION (Lavis Contracting Company Ltd.) Tender By-law Cited as: Davidson Centre Entranceway Reconstruction (Lavis Contracting Company Ltd.) Tender By-law Dated: 5th day of July, 2017 CBMROSS ' engineering better communities 9 9 B. M.ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street, Goderich, ON N7A 2T4 File No. 16083 p. (519)524-2641 •f. (519)524-4403 www.bmross.net 1 August 14, 2017 r' REQ AUG �d ci 5 017 Adam Weishar, C.E.T.,Director of Public Works ,\ � P � Municipality of Kincardine ' 1475 Concession 5, RR5 i Kincardine, ON N2Z 2X6 RE: Davidson Centre Entrance Reconstruction Enclosed are three copies of the above noted contract signed by Lavis Contracting Co. Ltd. along with the Performance Bond, Labour and Material Payment Bond, Certificate of Insurance, WSIB Certificate, and a letter written to me regarding Lavis' request to change their electrical subcontractor. Please have all three copies signed on Page A-4 and forward one copy to Lavis, one back to us, and keep one copy for your files. You should also return any tender deposit cheques that were retained by the Municipality. Thank you. Yours very truly B. M. ROSS AND ASSOCIATES LIMITED Per Darren L.- exander, P. Eng. DLA:es Encl. F pp6NerIe Wp a W LL Z:`,16083-Kincardine-Davidson_Centre_Access_and_Parking'.WP•,16083-17Aug14-TenderSigning-Municipality Let.docx N IMERNAIONAL GODERICH MOUNT FOREST SARNIA w "TIS O P OME wial a nIIF u EXPO E N SEPT 19-23•WALTON.ONTARIO THE GUARANTEE PERFORMANCE BOND No: WS7205868 Bond Amount: $478,987.39 LAVIS CONTRACTING CO. LIMITED as Principal, hereinafter called the Principal, and THE GUARANTEE COMPANY OF NORTH AMERICA a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety, hereinafter called the Surety, are held and firmly bound unto THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE as Obligee,hereinafter called the Obligee,in the amount of FOUR HUNDRED SEVENTY- EIGHT THOUSAND NINE HUNDRED EIGHTY-SEVEN 39/100 Dollars ($478,987.39) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves,their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS,the Principal has entered into a written contract with the Obligee, dated the 10th day of July 2017,for CONTRACT NO:16083,DAVIDSON CENTRE ENTRANCE RECONSTRUCTION hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void;otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder,the Surety shall promptly: (1) remedy the default,or; (2) complete the Contract in accordance with its terms and conditions or; (3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions and upon determination by the Obligee and the Surety of the lowest responsible bidder,arrange for a contract between such bidder and the Obligee and make available as work progresses(even though there should be a default, or a succession of defaults,under the contract or contracts of completion, arranged under this paragraph)sufficient funds to pay to complete the Principal's obligations in accordance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the Principal's default relating directly to the performance of the work under the Contract, less the balance of the Contract price;but not exceeding the Bond Amount.The balance of the Contract price is the total amount payable by the Obligee to the Principal under the Contract,less the amount properly paid by the Obligee to the Principal,or; (4) pay the Obligee the lesser of(1)the Bond Amount or(2)the Obligee's proposed cost of completion, less the balance of Contract price. It is a condition of this bond that any suit or action must be commenced before the expiration of two (2)years from the earlier of(1) the date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee. The Surety shall not be liable for a greater sum than the Bond Amount. No right of action shall accrue on this Bond,to or for the use of, any person or corporation other than the Obligee named herein, or the heirs, executors,administrators or successors of the Obligee. IN WITNESS WHEREOF,the Principal and the Surety have Signed and Sealed this Bond dated 14th day of July 2017. SIGNED and SEALED LAVIS CONTRACT G CO.LIMITED in the * e of MI& -air if/ itness .: to Principal Pr` cipal 1k THE GUARANTEE COMPANY OF NORTH AMERICA / rs ,._V, , ../(1.- .","-.--:12110 ' ''... . BRYAN KECFIE, TTORNEY-IN-FACT MATTHEW BURNS,ATTORNEY-IN-FACT :AR Endorsed by-CCDC 221 CCDC 221-2002 has been approved by The Surety Association of Canada (Jan.2003-Performance L&M Payment-Standard) The Guarantee Company of North America 954 Dunclas Street East Excellence, Expertise, Experience ... Every time Woodstock, ON N4S 7Z9 Tel 519-539-9868 • Fax 519-539-5524 • 1-800-265-4262 theguarantee.com 4 THE GUARANTEE' LABOUR AND MATERIAL PAYMENT BOND (Trustee Form) No: WS7205868 Bond Amount: $478,987.39 LAVIS CONTRACTING CO. LIMITED as Principal,hereinafter called the Principal, and THE GUARANTEE COMPANY OF NORTH AMERICA a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety,hereinafter called the Surety,are held and firmly bound unto THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE as Obligee,hereinafter called the Obligee,in the amount of FOUR HUNDRED SEVENTY- EIGHT THOUSAND NINE HUNDRED EIGHTY-SEVEN 39/100 Dollars($478,987.39)lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS,the Principal has entered into a written contract with the Obligee,dated 10th day of July 2017,for CONTRACT NO:16083,DAVIDSON CENTRE ENTRANCE RECONSTRUCTION in accordance with the Contract Documents submitted, and which are by reference made part hereof and are hereinafter referred to a! the Contract. The condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject,however,to the following conditions: 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour,material,or both, used or reasonably required for use in the performance of the Contract,labour and material being construed to include that part of water,gas,power, light,heat,oil,gasoline,telephone service or rental equipment directly applicable to the Contract provided that a person,firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof,shall only be a Claimant to the extent the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract.The prevailing industrial rental value of equipment shall be determined, insofar as it is practical to do so,by the prevailing rates in the equipment marketplace in which the work is taking place. 2. The Principal and the Surety,hereby jointly and severally agree with the Obligee, as Trustee,that every Claimant who has not been paid as provided for under the terms of his contract with the Principal,before the expiration of a period of ninety(90)days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant,may as a beneficiary of the trust herein provided for,sue on this Bond,prosecute the suit to final judgment for such sum or sums as may by justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act,action or proceeding against the Surety on behalf of the Claimants, or any of them,to enforce the provisions of this Bond. If any act,action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding,then such act,action or proceeding,shall be taken on the understanding and basis that the Claimants or any of them who take such act,action or proceeding shall indemnify and save harmless the Obligee against all costs,charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof.Provided still further that, subject to the foregoing terms and conditions,the Claimants,or any of them,may use the name of the Obligee to sue on and enforce the provisions of this Bond 3. It is a condition precedent to the liability of the Surety under this Bond that such Claimant shall have given written notice as hereinafter set forth to each of the Principal,the Surety and the Obligee,stating with substantial accuracy the amount claimed,and that such Claimant shall have brought suit or action in accordance with this Bond,as set out in sub-clauses 3 (b)and 3 (c)below, Accordingly,no suit or action shall be commenced hereunder by any Claimant: a) unless such notice shall be served by mailing the same by registered mail to the Principal,the Surety and the Obligee,at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given. i.) in respect of any claim for the amount or any portion thereof,required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal,or under the lien Legislation applicable to the Claimant's contract with the Principal,whichever is the greater,within one hundred and twenty(120)days after such Claimant should have been paid in full under the Claimant's contract with the Principal; ii.) in respect of any claim other than for the holdback,or portion thereof,referred to above,within one hundred and twenty (120)days after the date upon which such Claimant did, or performed,the last of the work or labour or furnished the last of the materials for which such claim is made under the Claimant's, ontract with the Principal; b) after the expiration of one(1)year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract; c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or delivered as the case may be and not elsewhere,and the parties hereto agree to submit to the jurisdiction of such Court Endorsed by-CCDC 221 CCDC 221-2002 has been approved by The Surety Association of Canada (Jan.2003-Performance L&M Payment-Standard) The Guarantee Company of North America 954 Dundas Street East Excellence, Expertise, Experience ... Every time Woodstock, ON N4S 7Z9 Tel 519-539-9868 • Fax 519-539-5524 . 1-800-265-4262 theguarantee.com ep 4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that,by an act or an omission of a Claimant,the Surety can no longer be subrogated in the rights,hypothec and privileges of said Claimant. 5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this Bond,who is not instrumental in bringing about or has not caused such change. 6. The amount of this Bond shall be reduced by,and to the extent of any payment or payments made in good faith,and in accordance with the provisions hereof,inclusive of the payment by the Surety of claims made under the applicable lien legislation or legislation relating to legal hypothecs,whether or not such claim is presented under and against this Bond. 7. The Surety shall not be liable for a greater sum than the Bond Amount. IN WITNESS WHEREOF,the Principal and the Surety have Signed and Sealed this Bond dated 14th day of July 2017. SIGNED and SEALED LAVIS CONTRACTING CO. LIMITED in thee. to of . to Principal Principal THE GUARANTEE COMPANY OF NORTH AMERICA r BRYAN KEC HNIE,ATTORNEY-IN-FACT - THEW B RNS,ATTORNEY-IN-FACT :AR Endorsed by-CCDC 221 CCDC 221 -2002 has been approved by The Surety Association of Canada (Jan.2003-Performance L&M Payment-Standard) [intact] INSURANCE • Certificate of Insurance Intact Insurance Company Broker's Name&Address: Bryan Lavis Insurance Broker Ltd. 14 King Street,Clinton ON NOM 1L0 Phone 519-482-9920 Fax 519-482-9310 Email lavisinsurance@eastlink.ca This is to certify to Name The Municipality of Kincardine that policies of insurance as herein described have Address 1475 Concession 5,RR 5 been issued to the Insured named below and are in City/Province/Postal Code Kincardine ON N2Z 2X6 force at this date. Named Insured: Lavis Contracting Co.Limited Address of Insured:37462A Huron Road RR2 Clinton ON NOM 1L0 Location and Operations to which this Certificate applies: Location:• Davidson Centre Kincardine ON Operations: Contract No 16083-Davidson Centre Entrance Reconstruction Kind of Policy Policy Number Expiry Date Limits of Insurance DD F MM I YY Commercial General Liability I Each Occurrence Limit General Aggregate Limit Products and/or Completed $ 2,000,000 No Limit Operations i Products-Completed Personal Injury Limit and Included 501311419 01 . 04 18 Operations Aggregate Limit Advertising Injury Limit Excluded ❑ $ 2,000,000 $ 2,000,000 Cross Liability Clause T i Tenants Legal Liability Limit Medical Expense Limit Yes 0 501311419 01 i 04 18 $ $ 25,000 No 0 Any One Premises . Any One Person Pollution Liability Exclusion Standard(LRO2) El 4i E ; Limited—120 hours 0 Other ❑ •Automobile Liability - $ 2,000,000 All Owned Vehicles ® ; i Inclusive Limit Bodily Injury and Property Damage * i 730511070 01 04 }18 combined Specific Vehicles only 0 k Leased vehicles ® *Describe Specific Vehicles: $10,000 Deductible All Perils Standard Non-Owned ® $ 2,000,000 Automobile 501311419 01 04 18 Inclusive Limit Bodily.injury and Property combined Other(Describe) i 501311418 01 04 18 Liability Limit-$8,000,000 Umbrella Liability _ L i 5,000 Property Damage Deductible applies on GCL *Absence of any entry in these spaces means that insurance is not in force in respect of the coverage opposite thereto. NOTE: The Municipality of Kincardine is hereby added as an additional insured but only with respect to operations for them by the named insured. The insurance afforded is subject to the terms,conditions and exclusions of the applicable policy.This Certificate is issued as a matter of information only and confers no rights on the holder and imposes no liability on the Insurer.With respect to the coverages shown,the Insurer will endeavour to mail to the holder of this Certificate 15 days written notice for Automobile Liability coverage and 30 days written notice for all other coverages of any material change in or cancellation of these policies,but assumes no responsibility for failure to do so. Date: Intact Insurance Com'-ny July 18,2017 __. _O., OA"- f 4tS 64P Aut'Irize I Repress tative R;a iste. Insurance Broker Ontario 5447A(03/09) • • [intact] INSURANCE Certificate of Insurance Intact Insurance Company Broker's Name&Address: Bryan Lavis Insurance Broker Ltd. 14 King Street,Clinton ON NOM 1L0 Phone 519-482-9920 Fax 519-482-9310 Email lavisinsurance@eastlink.ca This is to certify to Name B.M.Ross and Associates Limited that policies of insurance as herein described have Address 62 North Street been issued to the Insured named below and are in City/Province/Postal Code Goderich ON N7A 2T4 force at this date. Named Insured: Lavis Contracting Co.Limited Address of Insured:37462A Huron Road RR2 Clinton ON NOM 1L0 Location and Operations to which this Certificate applies: Location:• Davidson Centre Kincardine ON Operations: Contract No 16083-Davidson Centre Entrance Reconstruction Kind of Policy Policy Number Expiry Date Limits of Insurance Do IMMYY Commercial General Liability I # Each Occurrence Limit General Aggregate Limit Products and/or Completed $ 2,000,000 $ No Limit Operations • ! Products-Completed Personal Injury Limit and Included 501311419 01 , 04 18 Operations Aggregate Limit Advertising Injury Limit Excluded ❑ __ $ 2,000,000 $ 2,000,000 Cross Liability Clause I Tenants Legal Liability Limit Medical Expense Limit Yes ! 501311419 01 04 18 $ $ 25,000 No ❑ I Any One Premises Any One Person Pollution Liability Exclusion Standard(LR02) ❑ l i Limited—120 hours ❑ Other 0 Automobile Liability . ( $ 2,000,000 All Owned Vehicles ® i Inclusive Limit Bodily Injury and Property Damage *Specific Vehicles only 0 I 730511070 01 04 }18 combined Leased vehicles ® *Describe Specific Vehicles: $10,000 Deductible All Perils Standard Non-Owned ® $ 2,000,000 Automobile Inclusive 01 04 18 Inclusive Limit Bodily,l jury and Property combined Other(Describe) Liability Limit-$8,000,000 501311418 01 04 18 5,000 Pro a Dama pp Umbrella Liability ��� L I — P rty ge Deductible applies on GCL *Absence of any entry in these spaces means that insurance is not in force in respect of the coverage opposite thereto. NOTE: B.M.Ross and Associates Limited is hereby added as an additional insured but only with respect to operations for them by the named insured. The insurance afforded is subject to the terms,conditions and exclusions of the applicable policy.This Certificate is issued as a matter of information only and confers no rights on the holder and imposes no Viability on the Insurer.With respect to the coverages shown,the Insurer will endeavour to mail to the holder of this Certificate 15 days written notice for Automobile Liability coverage and 30 days written notice for all other coverages of any material change in or cancellation of these policies,but assumes no responsibility for failure to do so. Date: Intact Insurance Com' ny July 18,2017 ✓♦i tiL1. + f S it Aut'•rize Repress tative R.a iste• Insurance Broker Ontario 5447A(03/09) wsi ' es .': at Clearance Certificate/Certificat de decharge Contractor Legal/ Contractor Address./ Contractor Principal Legal/ Principal Address/ Clearance Certificate Validity period(dd- Trade Name/ Adresse de Classification Unit Trade Name/ Adresse de Number/Numero du mmm-yyyy)/Periode Appellation l'entrepreneur and Description/ Appellation l'entrepreneur certificat de decharge de validite commerciale ou Unite de classification commerciale ou principal (jj/mm/aaaa) raison sociale de de ('entrepreneur et raison sociale de ('entrepreneur description l'entrepreneur principal LAVIS CONTRACTING 505 MILLER AVE PO 3551-000: Ready-Mix CORPORATION OF 1475 CONCESSION 5 E200000CGOIQ 15-Jun-2017 to 19-Aug- CO. LIMITED BOX 4080,ATTN: BILL Concrete Operations THE MUNICIPALITY RR 5, KINCARDINE, 2017 j SCOTT, MARKHAM, 4121-001: Highways, OF KINCARDINE/ ON, N2Z2X6, CA ON, L3R9R8, CA Streets, and Small KINCARDINE Bridges MUNICIPALITY 4591-001: Highway, Street, and Bridge Maintenance 0821-000: Sand and Gravel Pit Operations Page 1 of 1 /1 _____ ...---vot \ liNg , .C s CON\Rp, - �� COLD IN—PLACE RECYCLING ASPHALT PAVING EXCAVATING GRADING SAND & GRAVEL SEWER & WATERMAIN RR#2,Clinton,Ontario NOM 1L0 Phone: (519)482-3694 Fax: (519) 482-7886 August 3,2017 Mr.Darren Alexander,P.Eng BM Ross&Associates Limited 62 North Street Goderich,ON N7A 2T4 Mr.Alexander Re:Davidson Center Entrance Reconstruction Municipality of Kincardine BMRA Contract No. 16083 Lavis Contracting formally requests a change of noted electrical subcontractor for the above project. We will use Pfaff Electric Ltd. from Exeter for this project. With this change we will save the municipality$10,000.00 based on the supplied discount of unit prices following. This change will also allow the municipality to spread the surface electrical work into 2018 to help with budgetary constraints. We propose a June 2018 completion date for surface electrical work provided it meets the Municipalities fiscal period requirements. Attached for your review are the unit rate discounts for all electrical items. Please advise if this is acceptable. Yours truly, Graeme Hamilton,P.Eng. Construction Engineer Lavis Contracting Co.Limited r 1 MUNICIPALITY OF KINCARDINE DAVIDSON CENTRE ENTRANCE RECONSTRUCTION CONTRACT NO. 16083 MUNICIPALITY OF KINCARDINE DAVIDSON CENTRE ENTRANCE RECONSTRUCTION CONTRACT NO. 16083 INDEX TO CONTRACT DOCUMENTS Description Page Information to Bidders IB-1 —IB-11 Tender Form of Tender T-1 —T-8 I T-A&T-B Statement re Sub-Contractors Agreement to Bond Performance Bond Labour and Material Payment Bond Schedule of Plans, Specifications, General Conditions &Standards Index to Special Provisions Special Provisions —Civil Works SP-1 to SP-22 —Electrical 16010 to 16505 iSupplemental General Conditions SGC-1 &SGC-2 General Conditions—OPSS.MUNI 100 Rev. Date: 11/2006 Agreement A-1-A-4 Municipality of Kincardine Corporate Statement Occupational Health and Safety Contract Release Statutory Declaration Re: Liens, Liabilities &Payment of Accounts Standards Appendix A—Traffic Controller and Cabinet Specifications I I 1 1 1 1 � INFORMATION TO BIDDERS 1 1 1 1 1 1 1 1 1 1 I INDEX TO INFORMATION TO BIDDERS(September 2016) 1) Date and Place for Receiving Tenders IB-1 I 2) Tender Deposit IB-1 3) Submission of Tender I3-1 I 4) Clarification IB-2 5) Withdrawal of Tender IB-2 6) Disqualification of Tender IB-2 7) Form of Agreement IB-2 8) Competency of Bidders IB-2 9) Supervision of Work IB-2 10) Sub-Contractors IB-3 11) Tender Acceptance IB-3 12) Performance and Payment Bonds IB-3 13) Insurance IB-3 14) Completion Date and Liquidated Damages IB-4 15) Disposal and Use of Excavated and Excess Materials IB-5 16) Taxes 1B-511 17) Regulation of Pits and Quarries IB-6 18) Salvageable Material IB-6 19) Geotechnical Investigation Report IB-6 20) Utilities IB-6 21) Occupational Health and Safety Act IB-6 22) Workplace Safety and Insurance Board Certificates IB-6 23) Contract Release IB-7 24) Use of Premises IB-7 25) Taking of Water for Short-term Construction Dewatering 1B-7 26) Hot Mix Plant-Environmental Protection Act IB-7 27) Restrictions on Open Burning I3-8 28) Night, Sunday,and Holiday Work IB-8 29) Drainage 1B-8 30) Bribery IB-8 31) Provisions for Traffic,Access, and Protection IB-9 32) Cold Weather Concrete IB-9 33) Falsework IB-9 34) Excess Loading of Motor Vehicles 1B-10 35) Protection of Trees IB-10 36) Ontario Provincial Standards 1B-10 37) Guaranteed Maintenance IB-11 38) Garbage Collection and Blue Box Recycling IB-11 II 39) Dust Control IB-11 I I I I I a IB-1 INFORMATION TO BIDDERS I 1) DATE AND PLACE FOR RECEIVING TENDERS: ITenders will be received by: Clerk's Department 111 Municipality of Kincardine 1475 Concession 5,R.R.5 Kincardine,ON,N2Z 2X6 Attention:Adam Weishar,Director of Public Works until 12:00:59 p.m.,Tuesday,June 27,2017 as stated in the official tender call advertisement. 2) TENDER DEPOSIT: Each tender must be accompanied by a tender deposit in the form of a certified cheque payable to: Municipality of Kincardine for the amount of: Twenty Thousand Dollars($20,000.00). This deposit shall serve as evidence of good faith that if awarded the contract,the bidder will execute and enter into a formal agreement with the Owner within the time required and will furnish the security required to secure the performance of the terms and conditions of this contract. The tender deposit of the bidder whose tender is accepted shall be forfeited by him should he fail to execute a contract and provide the satisfactory bonds,referred to hereafter,within ten(10)days after receiving written notice from the Contract Administrator of the award of the contract to him. The deposits of unsuccessful bidders will be returned within thirty(30)days of the award of the contract. The deposit of the successful bidder shall be returned upon receipt of the performance bond and the signed contract. 3) SUBMISSION OF TENDER: a) Form of Tender: Tenders shall be submitted on the blank form herewith provided and shall give the lump sum and/or unit prices for the work, and the total tender shall be described in both words and figures.Bidders will be required to add Harmonized Sales Tax(HST)on the tender form in the space provided.The tender shall be signed by the bidder on page T-B of the Form of Tender and delivered in a sealed,opaque envelope, clearly marked TENDER. I 1 IB-2 b) Statement re Sub-Contractors: Where included in the contract documents,each bidder shall complete along with the tender,a list of 1 proposed Sub-Contractors showing the value of the work to be sublet to each. The value of work sublet shall not exceed 50%of the total work to any one subcontractor without written authorization of the Contract Administrator. Failure to provide this list may render the tender invalid. I c) Agreement to Bond: Bidders must have the"Agreement to Bond"forms, or equivalent,of this contract completed by their I bonding company,and the same must be submitted with their tender in order to validate their bid. 4) CLARIFICATION: I Any details in question on this contract or in the accompanying plans shall be clarified by the bidder prior to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment,and materials except where noted that are necessary to complete the contract. 5) WITHDRAWAL OF TENDER: A bidder will be allowed to withdraw their tender unopened after it has been deposited if such request is - received in writing prior to the time specified for the closing of tenders. 6) DISQUALIFICATION OF TENDER: Tenders will not be considered where: a) They are received after the official closing time stated in lB 1). b) They are not properly executed,and the associated documentation is not complete. c) They are not accompanied by a certified deposit cheque. d) They are submitted by fax or electronically. More than one tender from an individual,firm,partnership or association under the same or different names will not be considered. Collusion between bidders will be sufficient cause for rejection of all tenders so affected. 7) FORM OF AGREEMENT: I It is not necessary to complete the"Form of Agreement"when submitting your tender,but the successful bidder shall be required to complete the form upon notification of the award of the contract. 8) COMPETENCY OF BIDDERS: Bidders and Sub-Contractors must be capable of performing the various items of work bid upon. They may be required to furnish a statement covering experience on similar work, list of machinery available for the proposed work, and such statements of their financial resources as may be deemed necessary. 9) SUPERVISION OF WORK: In accordance with Section GC7.01.10 of the General Conditions,the Contractor shall have an authorized representative onsite while any work is being performed to supervise the work and act for or on the Contractor's behalf. This may include attendance by the Contractor's representative at site meetings as may be reasonably scheduled by the Contract Administrator. I I I IB-3 10) SUB-CONTRACTORS: The Contract Administrator shall reserve the right to review the Sub-Contractors proposed at the time of tendering and to approve any Sub-Contractors proposed after the contract is awarded. 11) TENDER ACCEPTANCE: Bidders are notified that any unbalanced items,errors,or omissions in the tender may render the tender invalid. Contractors are notified that each tender shall continue open to acceptance by the Owner until the formal contract is executed by the successful bidder or until at least thirty(30)days after the tender closing date, whichever occurs first. The Owner may at any time within that period,without notice,accept this tender whether any other tender had been previously accepted or not. The accepted bidder shall provide a Clearance Certificate from the Workplace Safety and Insurance Board. The lowest price bid or any bid will not necessarily be accepted. The Owner reserves the right to reject any or all tenders and to award to other than the lowest bidder as the interests of the Owner may require. 12) PERFORMANCE AND PAYMENT BONDS: The Contractor,upon receipt of written notice from the Owner awarding the contract,shall provide a Performance Bond and a separate Labour and Material Payment Bond,each in the amount of one hundred percent(100%)of the total tender to guarantee the performance of all obligations of the contract. These Bonds shall be supplied to the Owner within ten(10)days of the acceptance of the tender,and shall be at the expense of the Contractor. 13) INSURANCE: GC 6.03.01 —General has been amended as follows: Without restricting the generality of subsection GC 6.02,Indemnification,the Contractor shall provide, maintain,and pay for the insurance coverages listed under clauses GC 6.03.02—General Liability Insurance and GC 6.03.03—Automobile Liability Insurance. Insurance coverage in clauses GC 6.03.04.01 —Aircraft Liability Insurance,GC 6.03.04.02—Watercraft Liability Insurance,GC 6.03.05.01 —Property Insurance,GC 6.03.05.02—Boiler Insurance,and GC 6.03.06—Contractor's Equipment Insurance shall be required as listed below: a) Aircraft Liability Insurance: The Contract Administrator,on behalf of the Owner,will be requesting proof of valid insurance whenever aircraft are anticipated to be used during the course of construction. b) Watercraft Liability Insurance:The Contract Administrator, on behalf of the Owner, will be requesting proof of valid insurance whenever watercraft are anticipated to be used during the course of construction. c) Contractor's Equipment Insurance: The Contract Administrator,on behalf of the Owner,may be 111 requesting proof of insurance. i I IB-4 GC 6.03.02.01-General Liability Insurance,has been amended as follows: General liability insurance and completed operations coverage shall both be in the name of the I Contractor,with the Owner and the Contract Administrator named as additional insureds,both with the limits of not less than five million dollars inclusive per occurrence for bodily injury, death,and damage to property including loss thereof,with a property damage deductible of not more than$5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100 or equivalent. GC 6.03.07.01 has been amended as follows: I The duration of each insurance policy,excluding completed operations coverage, shall be from the date of commencement of the Work until 10 days after the date of Final Acceptance of the Work,as set out in the fmal Acceptance Certificate. Completed operations coverage shall be maintained for six years from the date of Final Acceptance. 14) COMPLETION DATE AND LIQUIDATED DAMAGES: a) Time: Time shall be the essence of this agreement. I b) Progress of the Work and Time for Completion: The Contractor shall complete this contract in its entirety by: October 18,2017—Underground&Roadwork November 17,2017—Light Standards and Electrical Work on this contract shall not commence until September 5,2017. If this time limit above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, 1) by reason of changes or alterations made under Section GC3.07 of the General Conditions; 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner or any employee of any one of them; 3) by reason of delay by the Owner issuing instructions or information or in delivering materials; 4) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee 111 of any one of them; 5) for any cause beyond the reasonable control of the Contractor; or 6) by Acts of God,or of the Public Enemy,Acts of the Province or of any Foreign State,Fire, Floods,Epidemics,Quarantine Restrictions,Embargoes or delays of Sub-Contractors due to such causes, I the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Contract Administrator,and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. I 18-5 An application by the Contractor for an extension of time as herein provided shall be made to the Owner in writing at least fifteen(15)days prior to the date of completion fixed by the contract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted,and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this contract, and all such rights shall continue in full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the Contract Administrator or any person to take any action consequent upon the act,default,breach,neglect,delay,non-observance or non-performance by the Contractor in respect of the work or contract,or any portion thereof,such powers or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in this contract for the completion of the work but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Contract Administrator. c) Liquidated Damages: It is agreed by the parties to the contract that in case all the work called for under the contract is not finished or completed within the date of completion,damages will be sustained by the Owner,and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Owner the sum of One Thousand Dollars($1,000.00)per day for liquidated damages for each and every calendar day's delay in finishing the work beyond the date of completion prescribed,and it is agreed that this amount is an estimate of actual damage to the Owner which will accrue during the period in excess of the prescribed date of completion. The Owner may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in 1 addition to and without prejudice to any other remedy, action or other alternative that may be available to the Owner. I15) DISPOSAL AND USE OF EXCAVATED AND EXCESS MATERIALS: OPSS 180 shall apply to this contract. Excess materials shall be disposed of within or outside of the contract limits as set out elsewhere in the contract. 16) TAXES: Harmonized Sales Tax(HST): The 13 %Harmonized Sales Tax will be paid on all work performed within the contract. It will be listed as a separate item on all tender documents and adjusted on final payment in accordance with the final contract price. I I 1 I IB-6 17) REGULATION OF PITS AND QUARRIES: Bill 120,An Act to Regulate Pits and Quarries and to Provide for their Rehabilitation shall be applicable I in such parts of Ontario as the Lieutenant Governor shall from time to time designate by Regulation. All costs related to this specification will be deemed to have been included in the appropriate tender items I and no separate payment will be made therefore. 18) SALVAGEABLE MATERIAL: I All existing materials along the line of construction deemed salvageable by the Contract Administrator shall be delivered to the storage site designated by the Contract Administrator. All other materials that,in the opinion of the Contract Administrator,cannot be salvaged shall be disposed of outside the limits of the contract,as directed by the Contract Administrator or at locations arranged for by the Contractor at his own expense. The Contractor will be responsible for all clean-up after construction to the complete satisfaction of the Contract Administrator. 19) GEOTECHNICAL INVESTIGATION REPORT: If a geotechnical investigation was performed for this contract,the report will be made available at the office of the Contract Administrator for inspection by any bidder but the office of the Contract Administrator assumes no responsibility for any errors or omissions which may be inherent in the soils report. Neither the Owner nor the Contract Administrator warrants interpretations of data or opinions expressed in any subsurface report. 20) UTILITIES: The location and depth of the utilities shown on the contract drawings are based on information obtained from the applicable operating authority. It is the Contractor's responsibility to contact the Municipal Authorities or Utility Companies for further information in regard to the exact location of these utilities or other utilities not shown on the drawings and to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. This provision shall also apply to all storm and sanitary sewers,and the Contractor shall be completely responsible for the replacement or repair of any utilities or sewers damaged because of their operations. The Contractor shall adhere to the requirements for pipe support as provided by the utility company. 21) OCCUPATIONAL HEALTH AND SAFETY ACT I The Contractor's attention is drawn to the regulations issued by the Ministry of Labour for the Province of Ontario under the Occupational Health and Safety Act. The Contractor acknowledges that they will comply with these regulations and that they will be the Constructor under said Act as it relates to the completion of this contract. 22) WORKPLACE SAFETY AND INSURANCE BOARD CERTIFICATES t The Contractor shall submit a current clearance certificate from the Workplace Safety and Insurance Board(WSIB) in advance of each monthly payment. Payment certificates will not be issued without receipt of a valid Workplace Safety and Insurance Board Certificate. 1 I I IB-7 23) CONTRACT RELEASE: Prior to receiving the Statutory Holdback Release Payment Certificates based on Substantial Performance or Completion,the Contractor shall complete, in triplicate,the Contract Release and the Statutory Declaration re Payments of Accounts and Liens&Liabilities on the forms bound herein. Only the original, signed forms will be accepted by the Contract Administrator. 24) USE OF PREMISES: The Contractor shall confine the apparatus,the storage of materials, and the operations of workers to limits indicated by law,ordinances,permits or directions of the Contract Administrator and shall not unreasonably encumber the premises with materials. Use of any adjacent property for storage purposes will be the Contractor's full responsibility and will in no way involve the Owner. The Contractor shall secure permission from each property owner before trespassing on any property. 25) TAKING OF WATER FOR SHORT-TERM CONSTRUCTION DEWATERING: The taking of water for short-term construction dewatering and the control of water from the dewatering operations shall be performed in accordance with OPSS 517—Construction Specification for Dewatering of Pipeline,Utility,and Associated Structure Excavation; OPSS 518—Construction Specification for Control of Water From Dewatering Operations;The Ontario Water Resources Act(OWRA)Section 34- 34,11 and Ontario Regulation 387/04(Water Taking and Transfer)and Ontario Regulation 63/16 (Registrations Under Part 11.2 of the Act-Water Taking) One of the many criteria that the Ministry of Environment and Climate Change(MOECC)has established, when evaluating the need for a Permit to Take Water is the quantity of the water taking. Permits are not required if the water taking is less than 50,000 L/day.Registry of the water taking activity with the Environmental Activity and Sector Registry(EASR)is required if the water taking exceeds 50,000 L/day and is less than 400,000 L/day. A Permit to Take Water(PTTW)is required if the water taking exceeds 400,000 L/day. Where the Contractor will be required to register with the EASR or apply for a PTTW,a qualified person must be retained by the Contractor,to scientifically demonstrate the water taking requirements. If the assessment demonstrates that the potential water taking is greater than 50,000 L/day but less than 400,000 IL/day,all requirements of Ontario Regulation 63/16 must be met.It may be the Contractor's requirement to develop a water taking plan, a water discharge plan,assess off-site impacts,monitor,test,record,etc. for the short-term construction dewatering activity. All documents required for the Registry or the PTTW 1 must be submitted to the Contract Administrator. To review the complete requirements for either a PTTW or registry with the EASR visit: Guide to Permit to Take Water Application Form: https://www.ontario.ca/document/guide-permit-take-water-application-form The Environmental Activity and Sector Registry: https://www.ontario.ca/page/environmental-activity-and-sector-registry 26) HOT MIX PLANT--ENVIRONMENTAL PROTECTION ACT: The attention of the Contractor is drawn to the Environmental Protection Act,RSO 1980,and regulations under this Act. Compliance with these regulations does not relieve the Contractor of contractual obligations as set out in the General Conditions, Section GC7.01. I IB-8 27) RESTRICTIONS ON OPEN BURNING: Any open burning must be in conformity with local municipal by-laws,regulations pursuant to The I Ontario Fire Code and the conditions noted below.Open burning which does not conform to these policies may be in contravention of the Environmental Protection Act,RSO 1990. a) The Contractor shall assume full responsibility for conducting open burning in accordance with the safety measures required by police and fire services and the Ministry of Natural Resources and Forestry and other regulatory bodies having jurisdiction. b) Open burning is prohibited in areas subjected to a smog alert advisory as issued by the MOECC. c) The Contractor shall inform the District Officer of the Regional Operations Division of the Ministry of Environment and Climate Change,one week in advance, of the date when burning will commence. d) All open fires shall be limited as much as possible to daylight hours. e) All open fires shall be attended at all times. 1) Open burning shall be located within the contract limits,no closer than 30 m to water bodies,and no closer than 150 m to any dwelling and shall be conducted in a manner that prevents odour, excessive smoke,material discomfort to nearby recipients,and a decrease in visibility on any roadway. g) No open fires shall be maintained when the wind is in such a direction as to cause a decrease in visibility on any highway. h) Open fires shall not be started on days of adverse weather such as rain,fog,or other conditions , that prevent the ready dispersion of smoke. During the fire season this condition may be exempted in the fire zone,provided there are no occupied dwellings within 600 m. i) Materials to be burned shall consist of wood wastes only and shall not be burned in such a manner as to cause odour,excessive smoke or other material discomfort to nearby receptors. j) Debris from open fires shall not be piled adjacent to or discharged into watercourses. k) Open fires shall not be located between Sta. and Sta. . Where open burning is prohibited or impractical in specific areas of this contract,brush and debris may, as an alternative to burning,be disposed of outside the right-of-way in a manner approved by the Contract Administrator, so as not to be unsightly or potentially unsightly from any highway. The Contractor shall arrange for disposal areas at his own expense. 28) NIGHT,SUNDAY,AND HOLIDAY WORK: Work during the night,on Sundays or on Statutory Holidays shall not be permitted without the written permission of the Contract Administrator. 29) DRAINAGE: The Contractor shall keep all portions of the work properly and efficiently drained during construction and until completion,and will be held responsible for all damage which may be caused or result from water backing up or flowing over,through,from or along any part of the works,or which any of the operations may cause to flow elsewhere. I 30) BRIBERY: Should the Contractor or any of the agents give or offer any gratuity to, or attempt to bribe any officer or servant of the Owner,the Owner shall be at liberty to cancel the contract forthwith or to direct the Contract Administrator to take the whole or any part of the works out of the hands of the Contractor. Bribery shall be considered as non-fulfilment of the contract by the Contractor. I I I IB-9 31) PROVISIONS FOR TRAFFIC,ACCESS,AND PROTECTION: a) Urban Areas: Traffic shall be maintained at all times during construction for private access,but detours to streets adjacent to the work will be permitted with permission from the Contract Administrator. When requested by the Contract Administrator,the roadway shall be kept open by placing sufficient granular material to carry traffic. If it is desirable to detour traffic during the construction of any part of the work,the Contractor shall supply,place and maintain proper detour signs, including adequate barricades and lights to clearly mark such detours throughout their entire length to the satisfaction of the Contract Administrator. The routing of such detours will be approved by the Contract Administrator. The Contractor shall be responsible for grading and maintaining any streets used as detours or haul roads and shall restore these roads to their original condition. The Contract Administrator may require that Granular"A"or Calcium Chloride be applied at the Contractor's expense to a street before allowing its use as a detour,or during the period of use. b) Rural Areas: If required under the Special Provision item,the Contractor shall construct a detour to carry vehicular traffic. The Contractor shall place proper detour signs,including adequate barricades and lights to clearly mark this detour throughout the entire length and to the satisfaction of the Contract Administrator. c) General: The Contractor shall be responsible for signing the detour and the detour shall be as per the Ontario Traffic Manual for roadway work operations under OTM Book 7(Temporary Conditions). As per Book 7,the Contractor shall submit a traffic control plan a minimum of one week prior to any necessary traffic control measures. A copy of this plan will be kept on file by the Owner. The Contractor will be responsible for maintaining proper signs,barricades,and lights at all points along the line of construction that may be hazardous. The Contractor will provide good vehicular access at all times,for all residents who presently have access along the line of construction. Where applicable,the Contractor shall supply an adequate number of flagmen/women to direct traffic at all times during construction as required by the Contract Administrator. 32) COLD WEATHER CONCRETE: Unless otherwise specifically stated in the Special Provisions,the bidders shall note that no additional payment will be made for heating or cooling of concrete or housing of structure and heating of the housing enclosure. 33) FALSEWORK: All falsework drawings shall bear the seal and signature of a Professional Engineer who is a member of or is licensed by the Association of Professional Engineers of Ontario. The drawings shall include the following information: The type of work and grade of all materials, including sills to be used in the falsework;Design loads on mud sills or other falsework supports;Horizontal forces imposed on the I I IB-10 I falsework and used for design purposes;Details of splices of supports for motorized finishing machines, and the like. The Contractor is to submit three copies of the drawings to the Engineer at least one week prior to construction of the falsework. I The grades and stresses of all materials shall be in accordance with the Canadian Standards Association (C.S.A.)latest revisions to standards CAN 086.1-M and S269.1. The deflection of beams used for falsework shall be limited to 1/360 of the span and shall be noted on the drawings. The completed falsework shall be reviewed on site and certified as being in general conformance with the falsework design. The letter of certification shall be signed and sealed by a Professional Engineer licenced in Ontario. Such certification shall be submitted to the Contract Administrator not less than 24 hours prior to pouring concrete. I 34) EXCESS LOADING OF MOTOR VEHICLES: For the purpose of this contract,payment for weighed items is as follows: I Vehicles hauling material being measured for payment by weight will be paid for the actual amount of material hauled. I This shall not be construed to mean that the Owner condones excess loading of motor vehicles and in no way permits the overloading of vehicles or absolves the Contractor from complying with the provisions of the Highway Traffic Act. I 35) PROTECTION OF TREES: The Contractor's operations shall not cause damage to the trunk or branches of trees,or flooding or I sediment deposits on areas where trees are not designated for removal. Protective measures shall be taken to safeguard trees from contract operations,equipment and vehicles. I Unless stated elsewhere in the contract,equipment or vehicles shall not be parked,repaired,refuelled, construction materials shall not be stored,and earth materials shall not be stockpiled within the dripline area of any tree not designated for removal. Where the contract requires work within the dripline of trees, operation of equipment shall be kept to the minimum necessary to perform the work required. Within five calendar days of any damaged that may occur,branches 25 mm or greater in diameter that are broken, shall be cut back cleanly at the break or to within 10 mm of their base, if a substantial portion of the branch is damaged. Roots 25 mm or larger in diameter that are exposed by the Contractor's operation shall be cut back cleanly to the soil surface within five calendar days of exposure. Bark that is damaged by the Contractor's operation shall be neatly trimmed back to uninjured bark, without causing further injury, within five calendar days of damage. All damaged areas shall be treated with an approved tree paint after trimming of damaged section of tree. 36) ONTARIO PROVINCIAL STANDARDS: Bidders are hereby advised that the Ontario Provincial Standards apply to this contract and are to be used where applicable. Bidders are responsible for familiarizing themselves with the latest revisions of the Ontario Provincial Standards. I I I I IB-11 37) GUARANTEED MAINTENANCE: I 5 % of the value of the work will be retained for a period of 12 months following the date of completion as a guarantee of the proper performance of the work included in the contract.This amount will be released without interest upon expiry of the maintenance period and correction of all deficiencies. IThe maintenance holdback will be held in addition to the 10%holdback required by the Construction Lien Act. The holdback will be retained by the Owner,commencing during the latter part of the period of Iconstruction and generally not before the contract is approximately 80%complete. No alternate forms of security will be considered. 1 38) GARBAGE COLLECTION AND BLUE BOX RECYCLING: I The Contractor shall be responsible for co-ordinating the collection of all garbage and blue box recycling, within the limits of the contract during construction, with the appropriate authority. 39) DUST CONTROL IThe Contractor shall take such steps,as may be required to prevent dust nuisance resulting from the operations either within the contract limits, on detours,or elsewhere,or by public traffic, where it is the I Contactor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete,blades and grinders I of the wet type shall be used together with sufficient water to prevent the incidence of dust,wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. IThe cost of all preventative measures required by the Contract Administrator outside the limits of the contract shall be borne by the Contractor. The cost of such measures within the contract shall be borne by the Contractor except in contracts where tender items include"Water for Compaction and Dust Control" 1 or"Calcium Chloride"or both. In such cases,the Contractor shall be paid by the Owner at the contract unit price(s)for the appropriate item(s). I I I I I I I TA FORM OF TENDER MUNICIPALITY OF KINCARDINE DAVIDSON CENTRE ENTRANCE RECONSTRUCTION CONTRACT NO. 16083 Tender by Lavis Contracting Co. Limited 1 residing at 37462A Huron Road, R. R. #2 Clinton, ON NOM 1L0 a company duly incorporated under the laws of Ontario and having its head office at 37462A Huron Road, R. R. #2,Clinton, ON Ihereinafter called the "Bidder" ITo -- Municipality of Kincardine I/We Lavis Contracting Co. Limited 111 having carefully examined the locality and site of the proposed works and all tender documents relating I thereto, including the Form of Agreement, Special Provisions, Contract Drawings, Information to Bidders, Standard Specifications, Standard Drawings, Form of Tender, Supplemental General Conditions, General Conditions and Addendum/Addenda Numbers to * inclusive,hereby tender and offer in accordance I therewith to enter into a contract within the prescribed time,to construct the said work in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to furnish all labour, materials,tools, plant, matters and things necessary therefore, complete and ready for use 111 within the time specified for the sum, including HST, of Four Hundred Seventy Eight Thousand Nine Hundred Eighty Seven Dollars and Thirty Nine Cents ($478,987.39) Ior such other sum as is determined from the actual measured quantities at the unit prices set forth in the Tender. * The bidder will insert here the number of the Addenda received during the tendering period and taken into account when preparing the Tender. I T-2 THE AFORESAID SUM IS MADE UP AS FOLLOWS: 1 SCHEDULE OF ITEMS AND PRICES IItem Spec.# Description Qty./Unit Price Amount IROADWORK 1 201, SP Clearing(trees all sizes) 3 Ea. $ 826.90 $ 2,480.70 • 2 1 SP Grubbing(stumps all sizes) 3 Ea. 275.60 826.80 2 O , ( P $ $ 1 3 SP Spade and replant trees 4 Ea. $ 99.20 $ 396.80 II4 206, SP Earth excavation 1500 m3 $ 23.90 $ 35,850.00 1 5 501, 506 Dust suppressants and compaction a) Water 140 m3 $ 5.75 $ 805.00 b) Calcium chloride solid 2 t $ 821.50 $ 1,643.00 6 314, SP Granular "A" 980 t $ 24.55 $ 24,059.00 7 314, SP Granular "B"Type I 1950 t $ 13.20 $ 25,740.00 I8 310, 312 Hot Mix Asphalt SP a) Hot Mix HL-3 140 t $ 125.50 $ 17,570.00 b) Hot Mix HL-4 180 t $ 114.80 $ 20,664.00 c) Hot Mix Miscellaneous 790 m2 $ 20.15 $ 15,918.50 111 9 510, SP Removal of bituminous pavement 40 m2 $ 14.95 $ 598.00 (outside excavation) I10 408, SP Adjust existing maintenance holes and 1 Ea. $ 471.20 $ 471.20 catch basins 11 407, SP Supply maintenance hole covers and/or 2 Ea. $ 324.60 $ 649.20 catch basin frame and grates i (OPSD 400.110) 12 510, SP Removal of concrete curb and gutter 75 m $ 19.05 $ 1,428.75 1 T-3 Item Spec.# Description Qty./Unit Price Amount 13 353, SP Concrete curb andY utter systems 345 m $ 85.35 $ 29,445.75 g (all types) 14 353 Catch basin setbacks (Provisional) 1 Ea. $ 400.00 $ 400.00 15 510, SP Removal of concrete sidewalk and 40 m2 $ 22.80 $ 912.00 drives 16 351, SP Place concrete sidewalk and drives a) Sidewalks (150 mm) 42 m2 $ 100.70 $ 4,229.40 b) Coloured concrete in island (125 mm) 48 m2 $ 125.00 $ 6,000.00 c) Coloured concrete in island(200 mm) 5 m2 $ 180.10 $ 900.50 17 351, SP Supply and install detectable warning surfaces for pedestrian crossing a) 0.6m x 0.6m 9 Ea. $ 275.60 $ 2,480.40 I18 802, SP Topsoil (imported) 650 m2 $ 8.25 $ 5,362.50 19 803, SP Sodding(nursery,unstaked) 650 m2 $ 8.70 $ 5,655.00 20 SP Remove existing chain link fence 70 m $ 7.87 $ 550.90 21 772, SP Supply and install 1.8 m high chain link fence and gates a) Fence and posts 60 m $ 88.20 $ 5,292.00 b) Gates 1 L.S. $ 1,654.30 I 22 710, SP Pavement Markings a) Permanent pavement markings i) Yellow solid, 10 cm 220 m $ 1.00 $ 220.00 ii) White solid, 10 cm 285 m $ 1.00 $ 285.00 iii) White broken, 10 cm 105 m $ 1.00 $ 105.00 iv) White solid, 20 cm 35 m $ 1.65 $ 57.75 1 14 Item Spec.# Description Qty./Unit Price Amount 111 b) Durable payment markings i) Stop bars, 60 cm 20 m $ 33.05 $ 661.00 ii) Symbols 15 Ea. $ 275.60 $ 4,134.00 c) Obliterating 300 m $ 12.70 $ 3,810.00 111 23 510, SP Remove and re-install existing Davidson Centre sign including footings a) Remove 1 L.S. $ 4,403.00 b) Install c/w concrete footing and new 1 L.S. $ 6,833.00 base plates Sub-Total Roadwork-- $ 232,492.45 STORM SEWERS I24 401, 409, Supply, excavate for and place storm 410,492, pipe sewers including bedding, granular 517, 518, backfill and restoration SP a) 300 mm HDPE CSA B182.6 or equivalent 22 m $ 220.50 $ 4,851.00 25 402,407, Relocate existing catch basins 1 Ea. $ 1,217.00 $ 1,217.00 517, 518, SP II26 405, SP Supply and place 150 mm filter wrapped 190 m $ 33.20 $ 6,308.00 perforated subdrain including excavation and connection to existing catch basins Sub-Total Storm Sewers-- $ 12,376.00 IPROVISIONAL ITEMS 27 410, 504, Reconnect existing drains and 10 m $ 68.20 $ 682.00 SP services (up to 250 mm dia.) I28 603, SP Supply and install 100 mm dia. PVC conduit 20 m $ 159.50 $ 3,190.00 for traffic signals T-5 Item Spec.# Description Qty./Unit Price Amount 29 492, SP Supply and install semi-concrete Type II 1 Ea. $ 2 885.00 $ 2 885.00 pP Y YP , junction box(OPSD 2113.010 Sub-Total Provisional Items -- $ 6,757.00 IMISCELLANEOUS ITEMS I30 706, SP Traffic control and pedestrian safety 1 L.S. $ 3,912.00 I 31 SP Cost of 100% Performance and 100% 1 L.S. $ 2,778.00 Labour and Material Payment Bonds and cost of insurance I32 SP Contingencies 1 L.S. $ 10,000.00 1 33 SP Lump sum to cover all other requirements 1 L.S. $ 22,884.00 of the contract not specifically covered by or related to the preceding items Sub-Total Miscellaneous Items -- $ 39,574.00 IELECTRICAL ITEMS 1 El Complete removal and delivery of 2 Ea. $ 1,746.00 $ 3,492.00 existing street light poles and luminaires along entrance road E2 Supply and install Type Ll luminaires 3 Ea. $ 9,718.00 $ 29,154.00 (2 per pole), arms,pole and all associated wiring,terminations fuse holder and fusing E3 Remove existing meter base and load 1 L.S. $ 455.50 centre panel on existing Westario pole. Coordinate disconnection with Westario Power. E4 Supply and install 53 mm dia. duct for 91 m $ 28.85 $ 2,625.35 median entrance Type Li lights E5 Supply and install 53 mm dia. duct for 29 m $ 77.45 $ 2,246.05 pedestrian crossing Type L2 light I T-6 Item Spec.# Description Qty./Unit Price Amount I E6 Supply and install53 mm dia. duct for 54 m 28.85 1 557.90 PP Y $ $ , Irelocated sign E7 Supply and install concrete encased road 14 m $ 349.30 $ 4,890.20 1 crossing, as per Detail 1 on E2 E8 Supply and install concrete encased road 9 m $ 349.30 $ 3,143.70 1 crossing, as per Detail 1 on E2 E9 Supply and install trenching for all direct 121 m $ 82.00 $ 9,922.00 Iburied ducts, complete with backfilling, sand bedding,compaction and grade Ireinstatement E10 Supply and install four(4)new circuit 1 L.S. $ 2,809.00 I breakers and rigid PVC conduit to building exterior for relocated sign, new traffic signal controller,pedestrian crossing light Iand entrance lights in median El 1 Supply and install street light conductors 60 m $ 11.40 $ 684.00 1 from existing panel in Splashpad Building to luminaire on CCT#3 IE12 Supply and install street light conductors 130 m $ 33.40 $ 4,342.00 from existing panel in Splashpad Building to luminaires on median on CCT#4 as per contract drawings 1 El3 Supply and install conductors from existing 60 m $ 11.40 $ 684.00 panel in Splashpad Building to relocated Isign on CCT#2 as per contract drawings E14 Supply and install 53 mm dia. duct for 28 m $ 41.00 $ 1,148.00 I traffic signal,pedestrian signal head and pushbutton wiring from splash pad to existing traffic pole on north side of IDurham St. as per contract drawings E15 Supply and install wiring for traffic signals, 1 L.S. $ 4,707.00 Ipedestrian signal heads and pushbuttons from new traffic signal controller to new I pedestrian crossing and signal equipment on Durham St. I T-7 Item Spec.# Description Qty./Unit Price Amount E16 Supply and install Econolite TS 2 NEMA 1 L.S. 30 368.00 PP Y $ , I traffic signal controller in standard town/county cabinet, wall mounted as per contract drawings IE17 Remove damaged traffic pole on south 1 L.S. $ 8,048.00 side of Durham St. (mast arm to Ibe reused). Supply and install 6.1 m steel octagonal pole to replace existing I damaged traffic pole. Reattach existing mast arm. Bolt circle pattern to to match existing. IE18 Supply and install polycarbonate 4 Ea. $ 2,110.00 $ 8,440.00 highway heads c/w adjustable plumbizer 1 style hangers and backboards I E19 Supply and install pedestrian signal heads c/w 2 Ea. $ 1,555.00 $ 3,110.00 arm brackets, single section polycarbonate housing,bimodal operation. IE20 Supply and install new luminaire Type Li 1 L.S. $ 2,429.00 and all associated wiring and fusing in Ipole and 2 m elliptical arm(Provisional) I E21 Configure new traffic signal controller 1 L.S. $ 2,278.00 with new pedestrian push buttons and signal heads, cable terminations, I progamming changes,modifications, testing and commissioning(Activation) 1 E22 Inspection,permits and testing a) ESA Inspections and Certificate 1 L.S. $ 531.50 Ib) Megger testing of cables 1 L.S. $ 531.50 Ic) Permits 1 L.S. $ 531.50 E23 Supply and install audible pedestrian signals 1 L.S. $ 4,555.00 ISub-Total Electrical-- $ 132,683.20 I I T-8 Item Spec.# Description Qty./Unit Price Amount Sub-Total Roadwork-- $ 232,492.45 Sub-Total Storm Sewers-- $ 12, 76.00 Sub-Total Provisional Items -- $ 6,757.00 Sub-Total Miscellaneous Items-- $ 39,574.00 Sub-Total Electrical -- $ 132,683.20 Sub-Total $ 423,882.65 13% HST $ 55,104.74 TOTAL TENDER $ 478,987.39 I I I I 1 I 1 I I 1 T-A ISTANDARD TENDER REQUIREMENTS I/We agree to complete the work within the time specified in the Information to Bidders. I/We also agree that this Tender is subject to a formal contract being prepared and executed. In submitting this Tender for the work,the Tenderer further declares: (a) That noperson,fi m or corporation other than the one whose signature or seal is attached IP � below,has any interest in this tender or in the contract proposed to be taken; III That this tender is made without anyconnection,knowledge,comparison of figures or (b) g P �' arrangement with any other company,firm or person making a tender for the same work Iand is in all respects fair and without collusion or fraud; (c) That no member of the Municipal Council or any officer of the Owner will become interested directlyor indirectlyas a contracting party without disclosing his interest and otherwise complying with"the Municipal Conflict of Interest Act,RSO 1990"; 1 (d) That the offer shown in the Schedule of Items and Prices is to continue open to acceptance until the formal contract is executed by the successful Tenderer for the said work or until thirty(30)days after the tender closing date,whichever event occurs first I and that the Owner may at any time within that period without notice, accept this tender whether any other tender had been previously accepted or not; I (e) That if we,the undersigned, withdraw this tender before the Owner shall have considered the tenders and awarded the contract at any time within thirty(30)days after the tender I closing date,the amount of the deposit accompanying this tender shall be forfeited to the Owner; 1 (f) That the awarding by the Owner of the contract based on this tender shall be an acceptance of the tender; I (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are Iin all respects true; IT-A Date Specified.doc I I I T-B (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety I bond for the proper fulfilment of the contract and to execute the Agreement in triplicate within ten(10)days after being notified so to do. In the event of default or failure on our part to do so, we the undersigned agree that the Owner shall be at liberty to retain the I money deposited by us to the use of the Owner, and to accept the next lowest or any tender or to advertise for new tenders or to carry out the works in any other way deemed best and we also agree to pay to the said Owner the difference between this tender and I any greater sum which the Owner may expend or incur by reason of such default or failure, or by reason of such acting, as aforesaid, on their part including the cost of any advertising for new tenders and to indemnify and save harmless the said Owner and its I officers from all loss, damage, cost, charges and expenses which they may suffer or be put to by reason of any such default or failure on our part. The"Agreement to Bond"of the Guarantee Company of North America Company, a company lawfully doing business in the Province of Ontario, to furnish a Performance Bond and a separate Labour and Material Payment Bond, each in an amount equal Ito 100% of the contract price, is enclosed herewith. I A certified cheque for the sum of Twenty Thousand Dollars ($20,000.00) is attached hereto. IDATED AT Clinton this 27th day of June , 20 17 . I (Signed) (Signed) ISignature of Witness Signature of Bidder I NOTE: All tenders submitted must be signed by a duly authorized person and either a company seal must Ibe affixed, or it must be signed by a witness. I I IT-B 2 Bonds.doc I I ISTATEMENT RE: SUB-CONTRACTORS The following is a list of Sub-Contractors or Sub-Trades intended to be used in the execution of I the contract showing the approximate portion of the work to be allotted to each. IITEM SUB-CONTRACTORS Name and Address Percent of I Contract 1. Curb &Sidewalk Nes Crete Canada 9% 1 2. Electrical Bram K Enterprises 27% 1 3. Fence Elliott Fence < 1% I 4 Landscaping Huron Landscaping 3% I 5. ILine Painting Owen Sound Highway Maintenance 2% 6. I 7. 8. I 9. I 10. I 11. I 12. I Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Sub-Contractors.docx I AGREEMENT TO BOND (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND) 1 ** I Date: , 20_ PROJECT NO. CONTRACT NO. ' TO: DearSirs: RE: In consideration of (hereinafter referred to as "the Owner") accepting the tender of and executing an Agreement with: (hereinafter referred to as "the Tenderer")for the construction of ' subject to the express conditions that the Owner receive the Performance Bond and the Labour and Material Payment Bond in accordance with the said tender,we the undersigned hereby agree with the Owner to become bound to the Owner as surety for the Tenderer in a Performance Bond and a Labour and Material Payment Bond each in an amount equal to 100%of the contract price, in the forms of Performance Bond and Labour and Material Payment Bond provided and in accordance with the said tender, and we agree to furnish the Owner with said Bonds within seven(7)days after notification of the acceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us. Yours very truly, I (Seal) NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized ' officers under the company's corporate seal. Of the two forms bound herein,one shall become a part of the tender and the other shall be retained by the Surety Company. ** Enter the name and address of the Surety Company at the top of the page. F:\wp\Contracts\Forms\AgToBond-2bonds.doc I PERFORMANCE BOND Bond No. Project No. ' Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS,that we hereinafter called"the Principal" ' and hereinafter called "the Surety", are jointly and severally held and firmly bound unto ' hereinafter called "the Obligee" its successors and assigns, in the sum of Dollars($ ) of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves,our and each of our respective heirs, executors, administrators, successors and assigns by these presents. SIGNED AND SEALED with our respective seals and dated this day of 20 ' WHEREAS by an agreement in writing dated the day of ,20_, the Principal has entered into a contract with the Obligee,hereinafter called"the Contract",for the 1 construction, alteration,repair or maintenance of a public work,namely as in the Contract provided,which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. iNOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall at all times duly perform and observe the Contract including all the terms and conditions thereof,to the satisfaction of the Obligee and shall at all times fully indemnify and keep indemnified the Obligee from and against all and any manner of loss, damage, expense, suits, actions, claims, liens,proceedings,demands,awards,payments and liabilities arising out of or in any manner based upon or attributable to the Contract and shall fully reimburse and repay the Obligee for all outlay, expense, liabilities, or payments incurred or undertaken to be made by the Obligee pursuant to the Contract, then this obligation shall be void, but otherwise it shall be and remain in full force and effect. I I Performance Bond Page 2 I Provided further and it is hereby agreed and declared that there shall be no liability under this I instrument of the Principal and Surety for payment of any claims for labour,material or services used or reasonably required for use in the performance of the Contract to the extent the amount of such claims is paid pursuant to a Labour and Materials Payment Bond. IProvided always and it is hereby agreed and declared that the Obligee and the Principal have the right to change,alter and vary the terms of the Contract and that the Obligee may in its discretion at any I time or times take and receive from the Principal any security whatsoever and grant any extension of time thereon or on any liability of the Principal to the Obligee. I Provided further and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes,alterations,or variations,taking or receiving of security,or extension of time, Ias aforesaid,or by the exercise by the Obligee of any of the rights or power reserved to it under the Contract or by its forbearance of exercise any such rights or powers, including (but without I restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by any dealing, transaction, forbearance or forgiveness which may take place between the Principal and the Obligee. IProvided further and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this bond. IIn Witness Whereof the Principal and the Surety have executed these presents. I SIGNED AND SEALED BY THE PRINCIPAL ) 1 ) Per: In the presence of: ) Per: ' ) Principal Witness ) IOccupation ) Address ) Surety I F:\wp\Contracts\Forms\Performance Bond.doc 1 I LABOUR AND MATERIAL PAYMENT BOND Bond No. Project No. Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS,that we hereinafter called "the Principal", Iand hereinafter called"the Surety", are jointly and severally held and firmly bound unto as Trustee, ' hereinafter called the "Obligee", for the use and benefit of the Claimants,their and each of the their heirs, executors, administrators, successors and assigns, in the amount of Dollars ($ ) of lawful money of Canada,for the payment of which sum well and truly to be made we the Principal and Surety jointly and severally bind ourselves,our and each of our respective heirs, executors,administrators, successors and assigns by these presents. WHEREAS by an agreement in writing dated the day of 20 the Principal entered into a contract with the Obligee,hereinafter called "the Contract",for 1 1 which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject,however,to the following conditions: ILabour and Material Payment Bond Page 2 I1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour,material,or both,used or reasonably required for use in the I performance of the Contract, labour and material being construed to include that part of water, gas,power, light,heat, oil,gasoline,telephone service or rental equipment,directly applicable to the Contract provided that a person,firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof shall only be a Claimant to the extent of the prevailing industrial rental value of such I equipment for the period during which the equipment was used in the performance of the Contract. I 2. The Principal and the Surety hereby jointly and severally agree with the Obligee,as Trustee,that every Claimant who has not been paid as provided for under the terms of his contract with the Principal,before the expiration of a period of ninety(90)days after the I date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant,may as a beneficiary of the trust herein provided for, sue on this Bond,prosecute the suit to fmal judgment for such sum or slims I as may be justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants,or any of them,to 1 enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding,then such act, I action or proceeding, shall be taken on the understanding and basis that the Claimants,or any of them,who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs,charges and expenses or liabilities incurred thereon and any loss 111 or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions,the Claimants or any of them,may use the name of the Obligee to sue on and enforce the provisions of this Bond. 1 3. No suit or action shall be commenced hereunder by any Claimant: I (a) Unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of the Principal,the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such notice shall be served by mailing the same by registered mail,or I served in any manner in which legal process may be served in the Province of Ontario,to the Principal,the Surety, and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons. Such notice shall be given: I I I 1 Labour and Material Payment Bond Page 3 i1) in respect of any claim for the amount or any portion thereof required to be held back from the Claimant by the Principal under either the terms of the Claimant's contract with the Principal or under the Construction Lien Act,Chapter 6,S.O. 1983 applicable to the Claimant's contract with the Principal,whichever is the greater within one hundred and twenty(120)days after such Claimant should have been paid in full under the Claimants contract with the Principal. 2) in respect of any claim other than for the holdback, or portion thereof,referred to above,within one hundred and twenty(120)days after the date upon which such Claimant did,or performed,the last of the work or labour or furnished the last of the materials for which such claim is made,under the Claimant's contract with the Principal. (b) After the expiration of one(1)year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract. (c) Other than in a Court jurisdiction in the Province of Ontario, and the parties hereto agree to submit to the jurisdiction of such Court. 4. The amount of this Bond shall be reduced by, and to the extent of any payment or 1 payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims under the Construction Lien Act,whether or not such claims be presented under and against this Bond. PROVIDED ALWAYS and it is hereby agreed and declared that the Obligee and the Principal have the right to change, alter and vary the terms of the Contract, and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and grant any extension of time thereon or on any liability of the Principal to the Obligee. PROVIDED FURTHER and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes, alterations,or variations,taking or receiving of security, or extension of time, as aforesaid,or by the exercise by the Obligee of any of the rights or powers reserved to it under the Contract or by its forebearance to exercise any such rights or powers, including(but without restricting the generality of the foregoing)any changes in the extent or nature of the works to be constructed, altered,repaired or maintained under the Contract,or by any dealing,transaction,forebearance or forgiveness which may take place between the Principal and the Obligee. I I Labour and Material Payment Bond Page 4 PROVIDED FURTHER and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this Bond. IN WITNESS WHEREOF the Principal and the Surety have AFFIXED THEIR SIGNATURES AND CORPORATE SEALS this day of , 20 I SIGNED AND SEALED BY THE PRINCIPAL ) ) In the presence of: ) ) ) Principal Witness ) ) Occupation ) ) Address ) Surety I I I I I F:\wp\Contracts\Forms\L&M Bond.doc I I SCHEDULE OF PLANS,SPECIFICATIONS,GENERAL CONDITIONS &STANDARDS IThe work specified in this contract will be performed in strict accordance with the following plans, specifications, General Conditions, standards,etc. for the Municipality of Kincardine,Davidson ICentre Entrance Reconstruction, Contract No. 16083. A. SPECIAL PROVISIONS—Civil Works—Pages SP-1 to SP-22 Electrical— 16010 to 16505 B. PLANS—Civil Works Drawing Nos. 1 to 3; Electrical El to E3 I C INFORMATION TO BIDDERS -Pages IB-1 to IB-11 D. STANDARD SPECIFICATIONS I Ontario Provincial Standard Specification Numbers shall apply to this contract mutatis mutandis. Only the most recent specifications shall apply to this contract. IIIOPSS—Municipal and Provincial Common 201-Nov/11 405-Nov/08 504-Nov/09 603-Nov/15 710-Nov/10 802-Nov/10 310-Nov/12 407-Nov/15 506-Nov/13 772-Nov/12 803-Nov/15 I351-Nov/15 408-Nov/15 OPSS.MUNI—Municipal Oriented I180-Nov/16 314-Nov/16 401-Nov/15 501-Nov/14 517-Apr/17 601-Apr/17 206-Nov/13 353-Nov/16 410-Nov/15 510-Nov/14 518-Apr/17 706-Apr/17 I E. STANDARD DRAWINGS Ontario Provincial Standard Drawing Numbers shall apply to this contract mutatis mutandis. Only the most recent drawings shall apply to this contract. IOPSD-Municipal and Provincial Common 310.010 400.110 600.040 704.010 972.102 I 310.020 310.030 600.110 705.010 972.130 610.010 972.132 310.039 802.010 111 F. BMROSS Drawings Figure No. 1 2500 IG. FORM OF TENDER H. SUPPLEMENTAL GENERAL CONDITIONS I. GENERAL CONDITIONS - OPSS.MUNI 100 Rev.Date: 11/2006 J. AGREEMENT 111 K. PERFORMANCE BOND L. LABOUR AND MATERIAL PAYMENT BOND IM. CONTRACT RELEASE N. STATUTORY DECLARATION RE: LIENS,LIABILITIES &PAYMENT OF ACCOUNTS IO. APPENDIX A � SPECIAL PROVISIONS CIVIL WORKS I, INDEX TO SPECIAL PROVISIONS I General I Management of Excess Materials-Contractor SP-1 Restoration SP-1 Co-ordination of Work by Others SP-2 Traffic Signal Material List SP-2 Item No. 1 Clearing(Trees All Sizes) SP-3 Item No. 2 Grubbing (Stumps All Sizes) SP-3 Item No. 3 Spade and Replant Trees SP-3 Item No. 4 Earth Excavation SP-3 Item No. 5 Dust Suppressants and Compaction SP-4 I Item No. 6 Granular"A" SP-5 Item No. 7 Granular"B"Type I SP-5 I Item No. 8 Hot Mix Asphalt SP-5 Item No. 9 Removal of Bituminous Pavement(Outside Excavation) SP-9 Item No. 10 Adjust Existing Maintenance Holes and Catch Basins SP-9 Item No. 11 Supply Maintenance Hole Covers and/or Catch Basin Frames &Grates SP-9 Item No. 12 Removal of Concrete Curb and Gutter SP-9 I Item No. 13 Concrete Curb and Gutter Systems (All Types) SP-10 Item No. 15 Removal of Concrete Sidewalk and Drives SP-10 I Item No. 16 Place Concrete Sidewalk and Drives SP-11 Item No. 17 Supply and Install Detectable Warning Surfaces for Pedestrian Crossing SP-12 I Item No. 18 Topsoil (Imported) SP-13 Item No. 19 Sodding(Nursery,Unstaked) SP-13 ' Item No. 20 Remove Existing Chain Link Fence SP-14 Item No. 21 Supply and Install 1.8 m Chain Link Fence and Gates SP-14 Item No. 22 Pavement Markings SP-14 I Item No. 23 Remove and Reinstall Existing Davidson Centre Sign SP-15 Item No. 24 Supply, Excavate for,Place and Backfill Storm Pipe Sewers SP-16 I Item No. 25 Relocate Existing Catch Basins SP-18 Item No. 26 Supply and Place 150 mm Filter Wrapped Perforated SP-19 Subdrain including Excavation Item No. 27 Reconnect Existing Drains and Services (up to 250 mm dia.) SP-19 Item No. 28 Supply and Install 100 mm dia. PVC Conduit for Traffic Signals SP-20 I Item No. 29 Supply and Install Semi-Concrete Type II Junction Box SP-20 I I I Item No. 30 Traffic Control and Pedestrian Safety SP-21 Item No. 31 Bonding and Insurance SP-22 Item No. 32 Contingencies SP-22 Item No. 33 Lump Sum for Other Requirements SP-22 I I I I I I i 1 I I I I t I 1 SP-1 I GENERAL MANAGEMENT OF EXCESS MATERIALS-CONTRACTOR All excavated material shall become the property of the Contractor, and the Contractor's unit price bid for the item shall include the cost of loading,hauling, dumping. The Contractor's management of excess materials shall be in accordance with OPSS.MUNI 180—General Specification for the Management of Excess Materials with the appropriate OPSF 180 forms being completed and submitted to the Contract Administrator. 1. Earth material shall be disposed of by the Contractor, outside the contract limits. 2. Asphalt shall be disposed of by the Contractor,at an approved site outside the contract limits. 3. Concrete shall be disposed of by the Contractor outside the contract limits. 4. Asbestos Cement Pipe shall be disposed of by the Contractor outside the contract limits. I RESTORATION When noted in the Form of Tender or identified in the Special Provision,the unit price bid for the appropriate item(s) shall include complete restoration. All restoration shall be as noted below in the General Restoration Requirements. I Restoration Beyond the Limits of General Grading Operations When noted in the Form of Tender or identified in the Special Provisions,the unit price bid for 1 the appropriate item(s) shall include restoration beyond the general grading operations. Contract items are provided for the restoration of work within the general grading operations. Restoration of areas beyond the general grading operations shall be included in the unit price of the item. Areas beyond the general grading operations include,but are not limited to, stockpile locations, areas disturbed by equipment or material storage sites or service connections. All restoration shall be as noted below in the General Restoration Requirements. General Restoration Requirements All restoration shall be in accordance with OPSS 492 and the following: (a) Lawn Areas -- 100 mm of approved topsoil levelled and graded to conform to the existing I ground, followed by nursery sod approved by the Contract Administrator. (b) Non-lawn, Non-roadway areas -- 100 mm of approved topsoil levelled and graded to conform to the existing ground,followed by an approved seed and mulch application. I (c) Where existing roadway/driveway is paved-- 300 mm minimum of imported Granular"B" Type I, 150 mm of imported Granular"A", and 50 mm of HL-3 in driveways, or one 40 mm lift of HL-3 surface and one 50 mm lift of HL-4 base, in roadways and parking lots. J Where 2 or more lifts of asphalt are required against existing pavement, a stepped joint shall be prepared by removing 0.5 m wide by the depth of the existing surface course prior to paving. (d) Where existing roadway/driveway is gravel -- 300 mm of imported Granular"B"Type I; and 150 mm of imported Granular"A". 1 SP-2 (e) Where existing driveway is concrete-- 300 mm minimum of imported Granular"B"Type I and 150 mm of imported Granular"A"; for residential drives -- 150 mm of 30 MPa concrete j with crushed limestone; and for commercial drives -- 200 mm of 30 MPa concrete with crushed limestone. (f) Where existing driveway is brick or unit pavers—300 mm minimum of imported Granular ' "B"Type I and 150 mm of imported Granular"A"and 25 mm to 38 mm of limestone screening and match existing patterns. (g) All disturbed or damaged concrete structures, such as sidewalks, curbs and gutter, etc., shall be removed and replaced including 125 mm of Granular"A". (h) Prior to the expiration of the maintenance holdback,the contractor shall repair all settlements. Settlements of lawns,non-lawns or non-roadway areas shall be restored by applying sufficient topsoil to the settled area followed by an application of approved seed and mulch. Asphalt settlements shall be restored by milling the deficient area followed by the placement Hot Mix Asphalt(HMA). All repairs shall be in accordance with OPSS 802, OPSS.MUNI 804, and OPSS 310. (i) Salvaged granular material shall not be used above sub-grade or re-used as Granular"B" Type I unless a granular analysis is performed at the Contractor's expense. NOTE • In(a) and(b) above, it will be the Contractor's responsibility to ensure a catch of grass at the termination of the contract. • The Contract Administrator/Owner may request the delay of the sod placement during hot and dry weather conditions. No additional payment or penalty will result from the delay. • All asphalt surfaces shall be saw-cut prior to resurfacing. • All concrete structures shall be saw-cut prior to replacement. CO-ORDINATION OF WORK BY OTHERS The Contractor will co-ordinate his work with local utility companies for the installation of new underground ducts. When it is impossible to avoid working in the area at the same time, a Lbarrier will have to be maintained to have separation in time or space between the Contractor and the utility company. Where necessary, the Contractor shall move the operation to another part of the contract and give the utility sufficient time to complete any work deemed necessary at that time during the contract. Rogers Communications (Kincardine Cable TV) will install a new underground conduit/duct behind the proposed curb from Durham Street to the Davidson Centre. Rogers Contact: Peter Gibson: 519-396-5668 ext. 26,peter.gibson@rei.rogers.com TRAFFIC SIGNAL MATERIAL LIST • Adjustable Plumbizer Style hangers • Navigator Audible Pedestrian Signal manufactured by Polar Engineering Inc. • MUTCD R10-3 Sign-HI Retroreflective Option A—International Sign Model No. 800-87, 5"x 7 3/a",right/left arrow powder coated aluminium. • Polycarbonate Pedestrian Signal—Fortran LED, 12"x 12" square pedestrian signal Model P4LU440 or approved equivalent • Polycarbonate Vehicle Heads—Fortran Model P1LH400 or approved equivalent See Appendix A for Traffic Controller and Cabinet Specifications. I SP-3 I ITEM NO. 1 ! CLEARING(TREES ALL SIZES) For the unit price bid, the Contractor shall cut down and remove each tree, including all wood, I branches, or debris. The wood shall be disposed of by the Contractor at his own expense or at a place approved by the Contract Administrator at the time of construction. The Contractor shall be responsible for damage to all utilities, adjacent property,persons, etc. and shall make restitution for such damage to the satisfaction of the Contract Administrator. This item shall apply to all trees shown for removal on the plans or designated at the time of construction. OPSS 201 will not apply to the size of the trees. ITEM NO.2 i GRUBBING(STUMPS ALL SIZES) For the unit price bid, the Contractor shall completely remove all stumps and roots identified on I the plans or identified by the Contract Administrator at the time of construction. The Contractor shall dispose of all stumps and debris at a site arranged by him at his own expense and approved by the Contract Administrator. The Contractor shall be responsible for damage to all utilities, sidewalks, adjacent property, persons, etc. and shall make restitution for such damage to the satisfaction of the Contract Administrator. OPSS 201 will not apply to the size of stumps. I ITEM NO.3 SPADE AND REPLANT TREES For the unit price bid,the Contractor shall spade and replant designated trees, including preparation of soil mix and staking of trees. The location of the replanted trees to be determined at the time of construction. I ITEM NO.4 EARTH EXCAVATION I For the unit price bid, the Contractor shall excavate to the required line and grade, or to new limits as established by the Contract Administrator at the time of construction. All excavated 1 material shall be disposed of as outlined under the General SP-Management of Excess Materials. The unitprice bid shall also include all excavation and gradingrequired for sidewalks and all q excavation required at side streets and entrances. The unit price bid shall include the removal and disposal of designated asphalt, including curbs and any other minor structures encountered during the course of construction if not included as a separate item in the contract. The Contractor may be required to use approved excavated material as fill behind the proposed I curbs at sites as established by the Contract Administrator. I I I SP-4 The Contractor may be required to salvage existing granular material to be used as granular backfill to the roadbed and placed as established by the Contract Administrator. IPayment for this work will be paid as earth excavation per cubic metre based on the theoretical calculated end areas for the roadbed excavation and theoretical volume for entrance excavation. 111 The Contractor shall give the local utility sufficient time after the road excavation is completed to do any work necessary regarding utilities before any granular backfill is placed. IThe Contractor shall restore each block for traffic before beginning excavation in any other block. Access to commercial establishments will be maintained at all times by a method satisfactory to the Contract Administrator. I ITEM NO. 5 DUST SUPPRESSANTS AND COMPACTION I For the unit price bid, the Contractor shall supply all labour, equipment and materials for the application of water and calcium chloride solids when requested by the Contract Administrator, or upon approval of the Contract Administrator. IDust suppressants shall be applied in a manner that avoids ponding,runoff, drifting, and tracking of the material beyond the area of application. IWater, for compaction shall be applied, as necessary,to achieve the degree of compaction specified. IGeneral I The proper use and application of the dust suppressants is the responsibility of the Contractor and is subject to applicable Ministry of Environment and Climate Change requirements under legislation such as the Environmental Protection Act(EPA) and the Ontario Water Resources I Act. Materials IWater shall be free of contaminants that could adversely affect fill material or the environment. Calcium chloride solid solution shall be in accordance with OPSS 2501. Should the Contractor Ichoose to use a calcium chloride solution, the Contractor shall submit the mix design indicating the percentage of solid calcium chloride. Dust suppressants containing waste material are not Iapproved for use. Measurement for Payment IMeasurement for water shall be by cubic meters based on the tank size. Measurement for calcium chloride solid shall be mass in tonnes. Measurement for calcium chloride solution shall be by mass of equivalent solid based on the submitted mix design. I I SP-5 I ITEM NOS. 6 & 7 I GRANULAR"A"AND GRANULAR"B"TYPE I For the unit price bid,the Contractor shall supply to the site,place, fme grade and compact 1 Granular"A" and Granular"B"materials required in the roadway for roadbed, subdrains, shouldering, driveways, under the sidewalk and curb and gutter, which are applicable to this contract. All other Granular"A"or Granular"B"Type I materials required shall be included in the unit prices bid for those items where material is required. Granular material shall be compacted to a minimum dry density of 100%. ITEM NOS. 8 , HOT MIX ASPHALT General I For the unit price bid,the Contractor shall supply all labour, equipment and materials, for the execution of paving work in accordance with OPSS 310 for Marshall mixes of Hot Mix Asphalt (HMA). The Contractor's unit price bid for this item shall also include all ramping, transverse joints, I and/or removal of all transverse joints and all deramping at structures, sidewalk drops and driveway entrances, as identified by the Contract Administrator at the time of construction. I If applicable, tack coating will be included and paid as a separate item in the contract. All asphalt plant operations shall comply with municipal regulations and ordinances governing the area in which the plant is located. The Contractor will be required to submit a mix design for approval prior to commencing the paving operations. 310.05 Materials Performance graded asphalt cement shall be PG 58-28. The Performance Graded Asphalt Cement(PGAC) will conform to OPSS.MUNI 1101 for the specified grade. 1 310.06 Equipment OPSS 310 is amended in that no surface trial coat area shall be required under this contract. Prior to paving, the Contractor shall submit a list of equipment that will be used. The list shall identify the make&model of the paving equipment and rollers. For the rollers, the Contractor shall also identify the Class of Roller and identify the Minimum Roller Combinations to be used on the contract as per Table 5 of OPSS 310. I U SP-6 310.07 Construction The Contractor is responsible for all Quality Control(QC)testing. The QC documentation shall be made available to the Contract Administrator upon request. A through lane paving course shall be completed prior to placement of adjacent side roads, speed change lanes and other paved areas. 1 310.07.05 Sampling OPSS 310.07.05.01 Asphalt Cement- Asphalt cement sampling and testing is not a requirement of the contract. OPSS 310.07.05.02 Hot Mix Asphalt- When the Hot Mix Price Adjustment is part of the contract, Hot Mix asphalt sampling and testing is a requirement of the contract and all costs are to be paid by the Contractor. Sample sizes and frequency of samples shall be as per Table 6 of OPSS 310. 310.07.08-Widenings and Irregular Sections -450 mm stepped joints are required when placing HMA adjacent to existing paved areas with an existing asphalt depth of 80 mm or more. 310.07.09 - Hot Mix Asphalt Padding-Padding shall be placed prior to placing the surface course of asphalt. The tonnage required for HMA padding will be included with the appropriate 1 HMA item. 310.07.11.03-Transverse Joints-The third paragraph has been amended as follows: a) When a binder course is placed flush against an existing HMA pavement and a butt joint is to be made,the existing pavement shall be trimmed back to form a straight vertical surface. When the surface course is to be placed at a later date, temporary ramping shall be provided as per BMROSS Standard Drawing 208—Asphalt Joint Detail for Transverse Joints. 310.07.13 Tolerances The paving tolerance of OPSS 310.07.13 shall be reviewed upon completion. Should the deviations exceed 6 mm on the binder course or 3 mm on the surface course, as measured in any direction with a 3m straight edge,the Contractor shall correct these deviations to the satisfaction of the Road Authority. Paving tolerances are not applicable to irregular sections of paving, or within 3 m of a butt joint with an existing HMA pavement. 310.08 Quality Assurance Quality Control laboratory testing shall be used for acceptance in place of Quality Assurance laboratory test results. All other Quality Assurance testing shall be performed by the Contract Administrator. 310.09 Measurement For Payment Measurement for payment of hot mix asphalt shall be by mass in tonnes unless specified otherwise. Tack coat shall be included in the unit price bid unless tack coat is listed as a separate item. I 1 SP-7 I Hot Mix Miscellaneous—Driveways and Paved Boulevards , The Contractor shall also take note that Hot Mix Miscellaneous paving is to be performed at designated drives,boulevards and areas behind the curb or to the limits established by the Contract Administrator at the time of construction. This hand laid asphalt will only apply to areas that, in the opinion of the Contract Administrator, do not permit the operation of a paving machine. The supply of the HL-3 for these areas shall be included under the item for Hot Mix Miscellaneous. Hot Mix Price Adjustment shall not be calculated for Hot Mix Miscellaneous. Rural entrances shall be graded as per OPSD 301.010 or OPSD 301.020. Hot Mix Miscellaneous shall be measured in square metres. In areas where Hot Mix Miscellaneous is designated on the plans and more than one 50 mm lift of Hot Mix is required, measurement for payment will be made for two single courses of Hot Mix where required. Hot Mix Price Adjustment for HL-3 and HL-4 Payment to the contractor for hot mix HL-3 and HL-4 to be based on changes to the Ministry of Transportation's performance graded asphalt cement price index as presented herein. The price index will be published monthly in the MTO Contract Bulletin and displayed on the OHMPA(www.ohmpa.org) and the MTO website (www.raqs.mto.gov.on.ca). The price index will be used to calculate the amount of the payment adjustment per tonne of asphalt cement accepted into the Work. I The price index will be based on the price, excluding taxes,FOB the depots in the Toronto area, of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. The price index for each month will reflect the average of the same month's prices and be published on the last day of the month and be retroactively applied to HMA laid in the same month. I A payment adjustment per tonne of asphalt cement will be established for each month in which paving occurs when the price index for the month differs by more than$15.00/tonne from the I AC price index established by the Contract Administrator. When the price index differential is less than$15.00/tonne, there will be no payment adjustment for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments 1 made to hot mix tender items. The payment adjustment per tonne will apply to the quantity of asphalt cement in the hot mix I accepted into the Work during the month for which it is established. The payment adjustment for the month will be calculated by the following means: 1. When AC Prices are Risingbymore than$15.00/tonne, the payment adjustment to be PY J paid to the Contractor is the result of subtracting the price index established by the Contract Administrator from the price index in effect when paving takes place,minus the$15.00 float, multiplied by the number of tonnes of PGAC incorporated in the mix(s) as determined by the average of field test results. I SP-8 2. When AC Prices are Falling by more than$15.00/tonne, the payment adjustment made in favour of the Owner is the result of subtracting the price index in effect when paving takes place,plus the$15.00 float,from the price index established by the Contract Administrator, multiplied by the number of tonnes of PGAC incorporated in the mix(s) as determined by the average of field test results. i3. When Paving Occurs After the Date of Completion: The price index for the month of completion shall be used when determining the payment adjustment should the paving be performed after the specified completion date. The calculations used in determining the payment,regardless of rising AC prices or falling AC prices, shall be as indicated above. 4. The tender price and Hot Mix Price Adjustment will be based on$750/tonne liquid asphalt. For mixes which contain reclaimed asphalt pavement,the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the hot mix, as calculated by the Contract Administrator. The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity of the escalation/de-escalation will be calculated using the hot mix quantity accepted into the Work and its corresponding asphalt cement content as determined by the average of field test results. For mixes which contain reclaimed asphalt pavement,the increase due the Contractor or the rebate due the owner will be calculated as if virgin hot mix asphalt has been supplied. This fairly reflects the increasing value of the Contractor's RAP pile when AC prices are increasing and the opposite when they are declining. Example 1—AC Prices Increasing g • PGCA 58-28 specified, 1,100 tonnes of HL4 @ 5.2% AC (57.2 tonnes AC) • The Price Index on tender opening is $900/tonne • The applicable Price Index as published on August 31st effective for the August 17th-24th, 2009 actual paving dates is $950.00/tonne(PG 58-28) • Payment adjustment to be paid to the Contractor: ($950 - $15.00) - $900.00 x 57.2 tonnes AC=$35.00 x 57.2 tonnes AC=$2,002.00 Example 2—AC Prices Decreasing • PGAC 58-28 specified, 1,100 tonnes of HL4 @ 5.2% AC (57.2 tonnes AC) I . The Price Index on tender opening is $900.00/tonne (PG 58-28) • The applicable Price Index as published on September 30st effective for the September 11th-18th, 2009 actual paving dates in$775.00/tonne(PG 58-28) . Payment for hot mix items reduced by: $900.00—($775.00+ $15.00) x 57.2 tonnes AC = $110 x 57.2 tonnes AC=$6,292.00 I SP-9 I ITEM NO.9 1 REMOVAL OF BITUMINOUS PAVEMENT (OUTSIDE EXCAVATION) For the unit price bid, the Contractor shall supply all labour and equipment to remove and f dispose of bituminous pavement from those areas shown on the drawings or to the limits established by the Contract Administrator at the time of construction. This item will only be used for removal of asphalt where the earth excavation item is not applicable and will include saw-cutting, if required. Disposal of asphalt shall be as outlined under the General SP- Management of Excess Materials. I ITEM NO. 10 111 ADJUST EXISTING MAINTENANCE HOLES AND CATCH BASINS TO GRADE For the unit price bid, the Contractor shall supply all labour, equipment and material to adjust the 111 designated maintenance holes or catch basins to the grade established by the Contract Administrator at the time of construction. The frames and grates shall be adjusted by removing or placing additional precast concrete adjustment units as per OPSS 408 and OPSD 704.010. 1 Parging The precast adjustment units will be grouted into place by means of an approved mortar mix and shall be parged inside and outside with 12 mm thick mortar coat. ITEM NO. 11 1 SUPPLY MAINTENANCE HOLE AND/OR CATCH BASIN FRAMES AND GRATES For the unit price bid, the Contractor shall supply and install maintenance hole or catch basin � frame and covers as specified in the Tender Form, as designated on the drawings or by the Contract Administrator at the time of construction. All existing frames and grates removed, where applicable, are the property of the Owner and shall be delivered to the Owner's yard at the Contractor's expense. All surfaces on the frames and grates shall be painted in the shop with one coat of asphalt or tar 1 based paint having a minimum softening point of 71°C. All joints to be thoroughly coated. ITEM NO. 12 1 REMOVAL OF CONCRETE CURB OR CURB AND GUTTER For the unit price bid the Contractor shall supply all labour, equipment, and materials to remove I and dispose of existing concrete curb or curb and gutter as indicated on the contract drawings or to the limits established by the Contract Administrator at the time of construction. The unit price bid shall include the cost of saw cutting the existing concrete curb to provide a straight joint between the existing and new curb. The unit price bid shall also include the cost of saw cutting the existing asphalt pavement adjacent to the curb and gutter being removed. I Management of excess materials shall be as outlined under the General SP- Management of Excess Materials. 1111 r SP-10 ITEM NO. 13 CONCRETE CURB AND GUTTER SYSTEMS (ALL TYPES) For the unit price bid, the Contractor shall supply all labour, equipment and materials for the complete construction of the specified style of concrete curb &gutter, in accordance with OPSS.MUNI 353 —Construction Specification for Concrete Curb and Gutter Systems. General Concrete shall conform with CAN/CSA A23.1 and shall be Exposure Class C-2 with the following specifications: • 32 MPa • 0.45 w/c ratio • 5-8% Air Entrainment The submitted concrete mix design shall indicate the expected slump and if it is permitted to add water to the concrete mix on-site without exceeding the specified w/c ratio. When placing concrete curb and gutter by the slip form method, contraction joints shall be saw- cut in the hardened concrete within a sufficient time of placing of the curb and gutter to prevent ' uncontrolled cracking. The spacing of these joints shall be not more than 5.0 metres. 1 When the concrete sidewalk is to be poured against the curb and gutter, contraction joints shall be saw-cut in the hardened concrete within a sufficient time of placing of the curb and gutter to prevent uncontrolled cracking. The spacing of these joints shall be not more than 3.0 metres. When placing concrete curb and gutter systems by the formwork method,the formwork shall be accordance with OPSS 919-Construction Specification for Formwork and Falsework. The Contractor shall notify the Contract Administrator of the intent to use formwork at the pre- construction meeting. Termination When required, the Contractor shall provide end termination treatments as per OPSD 608.010. ITEM NO. 15 ' REMOVAL OF CONCRETE SIDEWALK AND DRIVES For the unit price bid, the Contractor shall supply all labour, equipment and material to remove and dispose of concrete sidewalks and drives as indicated on the contract drawings or to the limits established by the Contract Administrator at the time of construction. The unit price bid shall include saw cutting existing concrete sidewalk or drives at the limits established by the Contract Administrator. The Contractor shall be responsible for any damage, including damage to existing buildings, during the removal of existing sidewalks and drives, where applicable. I SP-11 I Excavated material and concrete shall be disposed of as outlined under the General SP - Management of Excess Materials. ITEM NO. 16 1 PLACE CONCRETE SIDEWALK AND DRIVES For the unit price bid, the Contractor shall supply all labour and materials to place concrete sidewalks and drives where indicated on the drawings or to the limits established by the Contract Administrator at the time of construction in accordance with OPSS 351. General Concrete shall conform with CAN/CSA A23.1 and shall be Exposure Class C-2 with the following specifications: • 32 MPa • 0.45 w/c ratio • 5-8% Air Entrainment I The submitted concrete mix design shall indicate the expected slump and if it is permitted to add water to the concrete mix on-site without exceeding the specified w/c ratio. I OPSS 351 is amended to include the following: 351.05.01 - Concrete- coarse aggregate shall be crushed limestone ' 351.05.04 - Granular-the granular material shall be Granular"A". 351.07.02.02 - Granular Base-the placement depth of Granular"A" shall be 125 mm minimum or to the same depth as the sidewalk or drive. 351.07.10 - Joints, all longitudinal and transverse joints shall be saw cut contraction joints in the hardened concrete within a sufficient time of placing the sidewalk. 111These joints shall align with the control joints in the curb when sidewalk is placed against the curb and gutter. 351.07.09 - Sidewalks shall be given a broomed texture after finishing with a float. Driveways' surface texture shall match existing. 351.10 - Basis of Payment- Granular"A" shall be paid under the item Granular"A"as specified in OPSS.MUNI 314. , Concrete Colouring The colouring shall be integrally mixed with the aggregates and cement at the ready mix batch , plant. Care shall be taken to prevent colouring from spreading onto adjacent features. Plastic sheeting , to be used to protect adjacent sidewalks, curbs,buildings, etc. The Contractor shall provide a qualified foreman or supervisor, who has at minimum, five years 1 experience with imprinted and textured concrete, and who has successfully completed imprinted concrete installations of high quality and similar in scope to that specified herein. 1 SP-12 The concrete shall be coloured grey,using an approved colour pigment supplied by Bomanite or approved equal. The Contractor is to verify and get approval from the Contract Administrator and Owner of colour prior to any installations. Samples shall be provided for acceptance. ITEM NO. 17 SUPPLY AND INSTALL DETECTABLE WARNING SURFACES FOR PEDESTRIAN CROSSING For the unit price bid,the Contractor shall supply all labour, equipment and materials to install the detectable warning surfaces. The warning surface shall be bright yellow in colour and shall be cast iron. References Canadian Standards Association CSA B651-2012 Accessible Design for the Built Environment American Society of Testing and Materials ASTM A 48 Standard Specification for Grey Iron Castings ASTM C 1028 Standard Test Method for Determining the Static Coefficient of Friction of ' Ceramic Tile and Other Like Surfaces by the Horizontal Dynamomter Pull-Meter Method ASTM C 501-84 Standard Test Method for Relative Resistance to Wear of Unglazed Ceramic Tile by the Taber Abraser Ontario Provincial Legislation 1 O. Reg. 191/11 Accessibility for Ontarians with Disabilities Act, 2005 Materials ' Tactile Walking Surface Indicators shall comply with O. Reg. 191/11 Accessibility for Ontarians with Disabilities Act, 2005, OPSD 310.039 and meet the following requirements. Standard Property Minimum Result _ ASTM A 8 Tensile Strength Class 30B ASTM C 1028 Slip Resistance Dry 0.8 min, wet 0.65 min ' ASTM C 501-84 Wear Resistance Wear Index: >15 The truncated domes shall be of uniform size and shape. Units shall be uniform in texture,be free from pouring faults, sponginess, cracks,blowholes, and other defects, and have clean-cut and well-defined edges. All surfaces shall be uniform and free of flaking rust or mounts of rust or debris. Tactile walking surface indicators shall have ribs cast to the underside of the unit, have vent holes, and have a minimum plate thickness of 5 mm. Installation Tactile walking surface indicators shall be set and pressed into wet concrete to final elevation according to OPSD 310.033 and as per the manufacturer's recommendations. Remove any wet concrete that may spill onto tactile walking surface indicator surface. I SP-13 I ITEM NO. 18 1 TOPSOIL(IMPORTED) For the unit price bid,the Contractor shall supply all labour and materials to place approved 1 screened topsoil where indicated on the drawings or to the limits established by the Contract Administrator at the time of construction. For the unit price bid,the Contractor shall also fine grade to a uniform surface, the areas to be topsoiled as indicated on the contract drawings or to the limits established by the Contract Administrator at the time of construction. OPSS 802 shall apply for this item except that 802.09.01.02 shall be amended to make payment as noted in the Form of Tender. The topsoil shall be of good quality, subject to the Contract Administrator's approval. The Contractor shall uniformly spread the topsoil to a depth of not less than 100 mm. The cost of fine grading, supplying,placing and raking the topsoil shall be included in the unit price bid. ITEM NO. 19 SODDING(NURSERY,UNSTAKED) 1 For the unit price bid,the Contractor shall supply all labour and materials to place nursery sod where indicated on the drawings or to the limits established by the Contract Administrator at the ' time of construction. Included in the unit price bid shall be the supply and application of water. All sod shall meet the requirements current at the date of contract, of the Ontario Sod Growers I Association for No. 1 Bluegrass Fescue Sod and shall be cut to a minimum thickness of 19 mm. All sod shall be delivered to the site in good condition and placed in a manner satisfactory to the I Contract Administrator. The sod shall be watered by the Contractor at his expense using approved equipment and in a , manner that shall not erode, wash away, or damage the sod or topsoil. The maintenance period for OPSS 803 has been amended. The maintenance period for sod shall 1 be one year from the date of completion. The Contract Administrator may request the delay of sod placement during hot dry weather 1 conditions. No additional payment or penalty will result from this delay. ITEM NO.20 REMOVE EXISTING CHAIN LINK FENCE For the unit price bid,the Contractor shall supply all labour, equipment and material to remove and dispose of the existing chain link fence,posts, footings and gates indicated on the drawing or to the new limits established by the Contract Administrator at the time of construction. All work shall be done in accordance with OPSS 510. 1 I SP-14 ITEM NO.21 SUPPLY AND INSTALL 1.8 M HIGH CHAIN LINK FENCE AND GATES For the unit price bid the Contractor shall supply all labour, equipment and material for the complete installation of the 1.8 m high, Class B —zinc coated galvanized steel chain link fence complete with top rail and 2 gates, total 6 m in width as per OPSD 972.130, OPSD 972.102, and OPSD 972.132, as indicated on the drawings or to the new limits established by the Contract Administrator at the time of construction. All work shall be done in accordance with OPSS 772. ITEM NO.22 PAVEMENT MARKINGS For the lump sum price bid,the Contractor shall supply all labour,material and equipment for mixing and applying paint and durable pavement markings, as shown on the drawings. The Contractor will mark all lines and symbols in accordance with the Ontario Traffic Manual Book 11 and MTOD Standard Drawing MTOD 101.070. Materials Durable Pavement Markings • Thermoplastic as per OPSS 1713 I • Field reacted polymer as per OPSS 1714 • Preformed plastic tape of durable type as per OPSS 1715 ' Permanent Pavement Markings • Organic solvent based traffic paint shall conform to OPSS 1712 • Water-borne traffic paint shall conform to OPSS 1716 • Colour: to CGSB 1-GP-12C; White 513-301 or Yellow 33538 Execution ' Equipment Paint applicator to be an approved pressure type distributor capable of applying paint in single or double and dashed lines and that will ensure uniform application and having a positive shut-off. Obliterating 111 For the unit price bid, the contractor shall supply all labour,equipment and material to obliterate the existing pavement markings by soda blasting at the locations indicated on the contract drawings or as listed in the pavement marking chart. I I SP-15 I Conditions of Surface Pavement surface to be free from surface water, frost, ice, dust, oil, grease and other foreign materials. I Permanent Pavement Marking Application 1. Pavement marking will be laid out as shown on the drawings and as determined by the Contract Administrator. 2. Unless otherwise approved by the Contract Administrator, apply paint only when air temperature is above 10°C and no rain in forecast. 3. Paint shall be applied at a rate which results in a uniform thickness of 230 ±25 microns dry film. Reflectorizing glass beads, conforming to OPSS 1750, shall be applied uniformly at the rate noted in OPSS 710.07.09.02. 4. Do not thin paint unless approved by Contract Administrator. 5. Symbols and letters to conform to dimensions indicated on drawings. 1 6. Paint lines to be of uniform colour and density with sharp edges. 7. Pavement marking colour as per contract drawings. 8. Pavement markings to be within±15 mm or dimensions specified. 1 9. Protect pavement markings until dry. 10. The unit price for pavement markings shall be for one(1) application of paint. All other work shall be in accordance with OPSS 710. ITEM NO.23 REMOVE AND REINSTALL EXISTING DAVIDSON CENTRE SIGN a) Remove ' For the lump sum bid, the Contractor shall supply all labour, equipment and materials to support the sing and cut the existing 150 mm x 150 mm HSS columns above the concrete footings and remove the concrete footings. b) Install c/w Concrete Footings and New Base Plates For the lump sum bid, the Contractor shall weld 9 mm thick steel plates, 300 mm x 300 mm square to the bottom of each column with a 6 mm fillet wold all around the HSS columns. The plate shall have 4 drilled holes,for the anchor bolts and the holes shall be a maximum of 45 mm measured from the outside edge of the plate to be center of the hole. Also included in the lump sum bid, the Contractor shall provide 2—600 mm dia. concrete footings measuring 2.7 m in height c/w 4 - 3/4"anchor bots, galvanized or stainless A325 bolts that extend 500 mm(min) into the concrete footing. Anchor bolts shall be either a J-bolt or a threaded rod with two nuts; , one near the bottom and one 150 mm up from the bottom. Flat and locking washers to be used above the plate. Refer to Figure 1 for concrete footing and anchorage details. I SP-16 ' ITEM NO.24 SUPPLY,EXCAVATE FOR,PLACE AND BACKFILL STORM PIPE SEWERS ' For the unit price bid,the Contractor shall supply all labour, equipment and materials for the complete installation and testing of the storm sewers as indicated on the contract drawings. The sizes of the sewers as well as the backfill material are as noted on the Form of Tender and on the contract drawing. Pipe Material OPSS 410.05 materials is amended to accept the following pipe material for storm sewers: (a) Polyvinyl Chloride(PVC)Pipe(Flexible) - Class SDR 35 or Class V(320 kPa) - Annular ribbed profile for ripped pipe ' (b) Polyethylene Sewer Pipe(Flexible)—CSA certified Sewer Class to B 182.6 - 150 mm to 750 mm - smooth inner wall, annular corrugated profile(320 kPa), 15 PSI bell and spigot joints shall have elastomeric gaskets (CSA certified to B 182.6) If pipe material selected differs from that specified in the Form of Tender, the Contractor shall, ' upon request, supply the Contract Administrator with proof of CSA certification for both the pipe and the elastomeric gaskets, all at the expense of the Contractor. The Contractor shall supply the pipe in the size and strength designated, as noted in the Form of Tender or approved equivalent by the Contract Administrator. Bedding,Embedment and Backfill Bedding shall be Class B as per OPSD 802.030, 802.031, 802.032, 802.033 or 802.034 for rigid pipe and whichever soil type is applicable. Embedment shall be as per OPSD 802.010, 802.013, or 802.014 for flexible pipe and whichever 111 soil type is applicable. Bedding and embedment material shall be Granular"A". Cover material shall be approved ' granular material or select native granular material to 300 mm above the top of pipe. Bedding and cover shall be placed in uniform layers not exceeding 200 mm in thickness, loose measurement, and compacted to 95% of the maximum dry density before a subsequent layer is placed. Backfill shall be as specified in the Form of Tender. If select native material is specified,it shall be compacted to a minimum dry density of 95%. If granular material is specified, it shall be compacted to a minimum dry density of 100%. Backfill shall be placed in uniform layers not exceeding 300 mm in thickness for the full width of the trench and compacted to the specified density before a subsequent layer is placed. The unit price bid shall include the cost of all granular bedding, embedment cover material and the backfilling noted herein. SP-17 All excavated material not required for backfill shall be disposed as outlined under the General 1 SP—Management of Excess Materials. The cost of this work shall be included in the unit price bid of sewer. Should the Contractor decide to use stone bedding to assist with trench stabilization it shall be at the Contractor's expense. It is also to be noted that the use of stone may result in settlements; as such, the Contractor shall assume all risk in its use. OPSS.MUNI 410.07.16—Field Testing has been amended as follows: 410.07.16.02 -Prequalification Leakage Tests are not a requirement when sewers are active. 410.07.16.03 - Infiltration Tests are not a requirement when sewers are active. I 410.07.16.04 -Exfiltration Tests are not a requirement when sewers are active. 410.07.16.05-Deflection Testing of Pipe Sewers is always a requirement when using flexible , pipe. The unit price bid for the flexible pipe shall include all costs of this testing. 410.07.16.06-Closed Circuit Television Inspection of Pipelines is a requirement of the contract. , All work shall be in accordance with OPSS 409-Construction Specification for Closed-Circuit Television Inspection of Pipelines. The unit price bid for the sewer installation shall include the cost of the CCTV inspection. The Contractor will engage a Closed Circuit Television Inspection Contractor and co-ordinate the work to have it completed prior to achieving substantial performance for the contract. The General Contractor will be responsible for hiring the Closed Circuit Television Inspection Contractor directly,however, the Closed Circuit Television inspection work will be carried out to the satisfaction of the Contract Administrator. Should deficiencies be identified upon review of the camera inspection video, the deficiencies , shall be promptly corrected and re-inspected with CCTV inspection. All costs associated with the CCTV inspections shall be borne by the Contractor. Compaction Compaction shall be as per OPSS.MUNI 501—Construction Specification for Compacting. , The type of compaction equipment used shall be suited to the material to be compacted, degree of compaction required,and space available. Selection of compaction equipment shall be determined by the Contractor with a list of the proposed equipment being 1 submitted at the pre-construction meeting. Backfill shall be placed to a minimum depth of 900 mm above the crown of the pipe before 1 power operated rolling equipment shall be used for compacting. All costs of compaction and water used for compaction shall be included in the unit price for , sewer. r SP-18 rRemoving Existing Storm Sewer The unit price bid shall include the cost of removing existing sewers, watermains, or minor structures encountered in the trench excavation where applicable. Abandoning Sewers The Contractor will be required to plug up, by means of brick and mortar, certain existing sewers that are to be abandoned, to the satisfaction of the Contract Administrator. The cost of this work is to be included in the Contractor's bid for new sewer intercepting these old sewers or drains. Connecting Sewers For the unit price bid, the Contractor will be required, to make all connections to new and ' existing catch basins, maintenance holes, culverts, or sewers(regardless of pipe material) in a manner set out in the contract drawings or as determined by the Contract Administrator at the time of construction. Maintenance of Flow ' The Contractor shall provide for the maintenance of flow in all sewers and maintenance holes at all times. IRestoration Restoration shall be as outlined under General SP -Restoration. ITEM NO.25 RELOCATE EXISTING CATCH BASINS For the unit price bid, the Contractor shall supply all labour, equipment and materials for the ' complete relocation of the structure identified on the contract drawings. The Contractor shall excavate to the required grade, supply the necessary bedding and backfill and compact the material in accordance with OPSS 407, OPSS 402 and OPSD 705.010 or OPSD 705.020. The Contractor shall supply and install new frame and grates as listed on the contract drawings to the grade established at the time of construction. Adjustment of the frame and grates to grade ' shall be achieved using precast concrete adjustment units. Sewers to be abandoned shall be abandoned as outlined in OPSS 510 and as determined by the Contract Administrator at the time of construction. The cost of this work is to be included,in the Contractor's unit price bid for this item. I SP-19 ITEM NO. 26 1 SUPPLY AND PLACE 150 mm FILTER WRAPPED PERFORATED SUBDRAIN INCLUDING EXCAVATION For the unit price bid,the Contractor shall excavate for, supply and install the subdrain, including filter wrap (non-woven type) Class 1 with a Filter Opening Size(FOS) of 130-100 pm as indicated on the contract drawings or to the limits established by the Contract Administrator at the time of construction. The supply and backfilling of granular backfill shall be paid for with the granular item for the , roadbed. The Contractor shall outlet the subdrain to the existing catch basins at Durham Street. , Pipe Material OPSS 405.05 Materials is amended to accept the following material for pipe subdrains. (a) Polyethylene Big"0"Boss 2000 or equivalent. ' The filter wrap geotextile shall be in accordance with OPSS 1860. The maximum stone size for the granular backfill shall be 50 mm dia. ITEM NO.27 , RECONNECT EXISTING DRAINS AND SERVICES (up to 250 mm dia.) For the unit price bid, the Contractor shall supply all labour, equipment and material to excavate for, supply and install,reconnect and backfill all existing drains and/or services encountered at the time of construction. All connections shall be made with approved couplings (Fernco or 1 equivalent). Payment under this item will only be paid when it is determined by the Contract Administrator , that the work is required to: • Relocate drains and services that conflict with the sewer and/or watermain in horizontal or vertical alignment. • Repair any drains and services encountered that have not been shown on the drawings. The Contractor is responsible for replacing all other broken or damaged drains and services encountered in the excavation. Pipe Material 1 Pipe material for repairs shall be Polyethylene Sewer Pipe(flexible)—CSA certified Sewer Class to B 182.6 or PVC SDR-28 for 100 mm— 150 mm diameter and PVC SDR-35 for 200 mm—250 mm diameter. I SP-20 rBedding,Embedment and Backfill Embedment shall be as per OPSD 802.010,OPSD 802.013 or 802.014 for flexible pipe and whichever soil type is applicable. Embedment material shall be Granular 'A"to 300 mm(min)above the top of the pipe. ITEM NO.28 SUPPLY AND INSTALL DIRECT BURIED PVC CONDUIT FOR WIRING TO TRAFFIC SIGNALS For the unit price bid,the Contractor shall supply all labour, equipment and material for the complete installation of 100 mm rigid duct. PVC conduit by Sceptor#3 EE4590 or equivalent ' and in accordance with OPSS 106,603 by open cut or directional bore across Durham St. If the open cut is performed,the unit price bid shall include all excavation,bedding and non shrink backfill in accordance with OPSS 1359 and restoration. The Contractor shall ensure that all ducts are stamped with the appropriate CSA standard number and strength and type(where applicable) as required in Section 603.05 of OPSS. During installation,the Contractor shall ensure that all ducts and conduit have sufficient depth of cover. The Contractor shall inspect and test all ducts to ensure that they meet the contract requirements. In particular, and without limiting the foregoing,the Contractor shall test all ducts to ensure that they are free of debris, water,breakage or distortion. The inspection, testing and test results shall be witnessed by the Contract Administrator. The Contract Administrator shall witness that the ducts have been inspected and tested, and that the material and installation comply with the requirements of the contract. ITEM NO.29 ' SUPPLY AND INSTALL SEMI-CONCREETE TYPE II JUNCTION BOX For the unit price bid, the Contractor shall supply all labour, equipment and material for the complete installation of the handholes. The top of the box shall be securely installed, level with the ground, interlocking blocks or sidewalk. ' The Contractor shall provide waterproof connection of cables in the junction boxes. ' Junction boxes shall be semi-concrete,Type II rectangular, as per OPSD 2113.010. Handholes shall be 300 mm dia. pre-cast concrete with cover as per OPSD 2112.01. I SP-21 I ITEM NO.30 1 TRAFFIC CONTROL AND PEDESTRIAN SAFETY For the lump sum price bid,the Contractor shall include the cost of traffic control and pedestrian I safety as specified below and in accordance with OPSS.MUNI 706 and in accordance with the Ministry of Labour,through the Occupational Health and Safety Act(OHSA) and Regulations for Construction Projects,R.S.O. 1990 and R.R.O. 213/91 as amended by 631/94 and 145/00, and as amended from time to time thereafter. The Contractor shall prepare and submit a Temporary Conditions Control Plan,that is in ' conformance with the Ontario Traffic Manual(OTM)Book 7- Temporary Conditions (latest edition), to the Contract Administrator at the pre-construction meeting. The Temporary Conditions Control Plan shall reference the OTM Typical Layout used as a basis for the submission. Signage ' For the lump sum price,the Contractor shall supply all labour, equipment and materials required to install two permanent Rb-78 "STOP HERE ON RED SIGNAL" signs and to supply, install and remove two sets of Temporary Wb-3 and Temporary Wb-102(BMROSS Standard Drawing 2500). The duration of the Temporary signage shall be 60 days. All signs shall be in compliance with OTM for font, colour,reflectivity, and installation requirements. General ' In addition to the requirements in the Information to Bidders for Contractors to control traffic and provide signage, in accordance with the Ontario Traffic Manual Book 7 -Temporary I Conditions (latest edition),the following conditions will apply: • The Contractor shall stage their construction operations to ensure pedestrian and ' vehicular traffic is maintained between Durham Street and the Davidson Centre at all times. • At all times of construction, a minimum of one lane for traffic shall be open and maintained ' using appropriate traffic control measures and signage. • At the end of each working day,two lane traffic, controlled by barricades, delineators,etc., shall be maintained. Entrances to commercial establishments shall be maintained. • Pedestrian Safety Considerations as per 2.6.2 of Ontario Traffic Manual Book 7. Restrictions on Construction Operations ' Construction operations adversely affecting public traffic and the loading or unloading of materials and construction equipment onto and from the travelled portion of the road shall not be carried out during the following periods: • 4:00 p.m. Friday to 7:00 a.m. Monday, for normal weekends , • All Canadian statutory holidays. 1 1 SP-22 Basis of Payment for Traffic Control and Pedestrian Safety Payment for this item shall be as follows: (a) 60% for the submission of a Traffic Control Plan and initial installation. (b) 30% for maintenance and continual implementation of the Traffic Control Plan including, ' but not limited to, signage,flag persons,barricades, fencing etc. This portion of the lump sum bid shall be paid in proportion to the permanent work completed. (c) 10% for removal of signs, barricades, fencing etc. ITEM NO.31 BONDING AND INSURANCE For the lump sum price bid,the Contractor shall include the cost of bonding and insurance as specified in the Information to Bidders and the General Conditions of Contract. Payment under this item will be made after mobilization and included with the first payment certificate. ' ITEM NO.32 CONTINGENCIES A lump sum allowance has been made for contingencies in the contract. Only those additional ' items approved in writing on behalf of the Owner, by the Contract Administrator,will be expended from this allowance. ' ITEM NO.33 LUMP SUM FOR OTHER REQUIREMENTS ' For the lump sum price bid,the Contractor shall enter an amount for additional labour, equipment or material required to complete the contract but not specifically covered by or related to the other items in the Schedule of Items and Prices. The lump sum bid may include,but is not limited to, the following: watchmen, on-site washroom facilities,permits and approvals (other than those to be paid for by the Owner) or acquiring the services of the local operating authorities. Each progress payment certificate will include a percentage of the tender price for this item in proportion to the percentage of the permanent works completed. ' The submission by a tenderer of an unbalanced price for this item renders the tender liable to disqualification. 1 � SPECIAL PROVISIONS ' ELECTRICAL I I Division 16 Davidson Centre Arena Entrance Table of Contents Project No. 17078W I SPECIFICATIONS Section No. Description I16010 16105 Electrical General Requirements Underground Duct Systems and Electrical Handholes & Chambers 16120 Wire and Cables I16450 Grounding 16505 Lighting Equipment ILIST OF ELECTRICAL CONTRACT DRAWINGS I Drawing No. El Description Site Plan Layout and Legend E2 Installation Details I E3 Installation Details and Photometric Layout I I I I I I I I I I17078W-Davidson Centre Arena-Table of Contents.docx 2017-06-15 3:29 PM 1 Davidson Centre Arena Entrance Page 1 of 8 Electrical General Requirements Section No. 16010 PART 1 - GENERAL 1.1 Description .1 This Section covers items common to Sections of Division 16. This section supplements Division 1 — General Requirements. .2 In case of a discrepancy between statement(s) or value(s) in this section or contract drawing(s), the higher statement or value takes precedence and shall govern. 1.2 Scope of Work , .1 Complete removal and Delivery of existing street light poles and luminaires along entrance road. .2 Supply and install Type L1 luminaires (2 per pole), arms, pole, and all associated wiring, terminations fuse holder and fusing. .3 Supply and install new luminaire type L2 and all associated wiring and fusing in pole, and 2m elliptical arm. .4 Remove existing meter base and load centre panel on existing Westario pole. Coordinate disconnection with Westario Power. , .5 Supply and install four(4) new circuit breakers and Rigid PVC conduit to building exterior for: relocated sign, new traffic signal controller, pedestrian crossing light and entrance lights in median. .6 Supply and install 53mm Dia. Duct for traffic lights, entrance lights, pedestrian walkway lights and relocated sign for centre, as shown on contract drawings. .7 Supply and install concrete encased road crossings as shown on contract ' drawings. .8 Supply and install trenching for all direct buried ducts, complete with backfilling, sand bedding, compaction and grade reinstatement. .9 Supply and install conductors from existing panel in Splashpad Building (pump room)to equipment as shown on contract drawings. .10 Remove damaged traffic pole on south side of Durham St. Mast arm to be reused. Supply and install 6.1m Steel Octagonal Pole to replace existing damaged traffic pole. Reattach existing mast arm. .11 Existing entrance sign is to be relocated by others. Electrical contractor to provide new power supply connection from the existing Splashpad Building (pump room). 1.3 Definitions ' .1 The following are definitions of terms and expressions used in the documents: .1 "Inspection Department or Authority" mean agents of any authority having jurisdiction over construction and safety standards associated with any part of electrical work on site. .2 "Power Supply Authority" means electrical local utility company responsible for delivery of electrical power to project site. .3 "Electrical Code" means Canadian Electrical Safety Code C22.1 or code in force at project location. Runge&Associates Inc. File No.: 17078W 1 Davidson Centre Arena Entrance Page 2 of 8 Electrical General Requirements Section No. 16010 ' .4 "Indicated" means as shown on contract drawings or noted in contract documents .5 "Provide" means fabricate, supply, install, test and commission the electrical system and/or equipment. 2 Refer to CSA C22.2 No.0 for"Definitions and General Requirements". ' 1.4 Codes and Standards .1 Do complete installation in accordance with the latest editions of the Canadian Electrical Code — CSA C22.1, the Ontario Electrical Safety Code and any local codes and requirements which govern the installation. Where these regulations conflict, apply the most stringent condition. .2 Do overhead and underground systems in accordance with CSA C22.3 I 3 No.1-10 and No.7-M86 except where specified otherwise. Electrical Abbreviations: to CSA Z85_1983. ' 1.5 Care, Operation and Start-up .1 Instruct Engineer and operating personnel in the operation (testing), care and maintenance of equipment. .2 Arrange and pay for services of manufacturer's factory service engineer to supervise start-up of installation, check, adjust, balance and calibrate components. .3 Provide these services for such period, and for as many visits as necessary to put equipment in operation, and ensure that operating personnel are conversant with all aspects of its care and operation. ' 1.6 Voltage Ratings .1 Operating voltages: to CAN3_C235_83. .2 Motors, electric heating, control and distribution devices and equipment to operate satisfactorily at 60 Hz within normal operating limits established by above standard. .3 Equipment to operate in extreme operating conditions established in above standard without damage to equipment. 1.7 Permits, Inspection and Fees ' .1 Submit drawings and specifications to Electrical Inspection Department and Supply Authority to obtain all required electrical permits. .2 Notify the Electrical Inspection Department in sufficient time for them to ' inspect work. Contractor is responsible to arrange multiple inspections (as required)to ensure the work has been properly inspected at completion of project. ' .3 Contractor to keep a separate "logbook" related to the Electrical Inspections. Contractor must record inspector's name, date and scope of inspections, recording all statements, decisions and permissions made during each ' inspection visit. Notify Engineer of any changes required by Electrical Inspection Department prior to making changes. Submit logbook to Engineer at completion of project. ' Runge&Associates Inc. File No.: 17078W 1 Davidson Centre Arena Entrance Page 3 of 8 Electrical General Requirements Section No. 16010 .4 Submit to Engineer"Certificate of Acceptance/Approval"from Electrical ' Inspection Department at completion of project. Building Occupancy will not be granted unless electrical inspection certificate has been completed and submitted to engineer. ' .5 Division 16 Contractor to pay all associated fees for electrical permits, inspections and special product approvals. 1.8 Coordination with Other Trades ' .1 Be responsible and coordinate other sub-trade work with electrical requirements and ensure that there is no interference with or delay caused by such work to the electrical or other trades work. .2 Notify other sub-trades of all openings, inserts, anchors, sleeves, hangers, foundations, etc., necessary for electrical work, and be responsible that these are provided and correctly installed at the proper time. .3 Fully cooperate with all trades in the provision and maintenance of electrical power in all areas throughout the period of construction. 1.9 Construction/Shop Drawings .1 Submit data (drawings) in accordance with Section 01340 "Shop Drawings, Product Data and Samples"for review prior to commencement of manufacturing or installing with the exception of conduit, standard conduit fittings and low voltage wiring. .2 Show all details of construction, dimensions, capacities, weights, and electrical performance characteristics of equipment or material. .3 Prepare composite construction drawings, fully dimensioned of cables, conduit, cable tray, bus duct, sleeves, clearances, pipes, ducts, etc., and equipment in mechanical and electrical equipment rooms, ceiling spaces and all other critical locations to avoid a conflict of trades. Base drawings on manufacturer's shop drawings. Drawings should be developed from consultation with and agreement of all trades involved. .4 Prepare drawings of equipment bases, anchors, slabs, floors and roof curbs, if needed, for the electrical work. .5 Include, but not necessarily limit to, the following: .1 Power panel breakers, and all auxiliary controls and indicating panels. .2 Lighting fixtures and poles, including photometric data. .3 Handwells and handholes. .4 Traffic signal equipment .6 Indicate the number or letter used on the drawings/specifications as an identification symbol on product data for panel boards, light fixtures, instruments and other equipment submitted. .7 Bind one complete set of construction/shop drawings showing "Record" conditions in each operating and maintenance instruction manual. 111 1.10 Record Drawings .1 Before commencing work, obtain two sets of electrical drawings for showing "As Built" conditions. As job progresses, mark on field set of prints to indicate accurately all installed work. At completion of project, manually transfer all Runge &Associates Inc. ' File No.: 17078W 1 Davidson Centre Arena Entrance Page 4 of 8 Electrical General Requirements Section No. 16010 ' information onto second set of drawings using red marker/pen, and indicate "Contractors Certified Approval of Accuracy" before submitting to Engineer for review and record use. .2 Indicate on record drawings "As Built" stamp. .3 Include with the record drawings a list of all motors indicating motor or equipment number and name, name-plate voltage, horsepower and current, the size of overload and breaker or fuse protection provided for each motor. .4 Indicate on record drawings, location of all buried services. This information ' is to be certified correct by Engineer before backfilling commences. 1.11 Workmanship .1 Install all equipment, conduit and cables in a workmanlike manner to present ' a neat appearance and to function properly. .2 Install exposed systems and equipment neatly and grouped to present a neat appearance, without conflict to other services. 1 .3 Install equipment and apparatus requiring maintenance, adjustment or eventual replacement with due allowance therefore, in terms of space and accessibility. ' .4 Include in the work all requirements of manufacturers shown on the shop drawings or manufacturers' installation instructions, and make provision for future plant and equipment as shown. .5 Replace without extra cost work unsatisfactory to the Engineer. .6 Protect all equipment from damage during delivery to the site and during installation. Make good any damage or deterioration whatsoever and have it ' covered by replacement guarantee. 1.12 Materials and Equipment .1 Equipment and material must be CSA certified. Where there is no alternative to supplying equipment which is not CSA certified, obtain special approval from Electrical Inspection Department. Pay all associated fees. ' .2 Factory-assemble control panels and component assemblies. .3 Provide Canadian manufactured equipment and materials, except where specified otherwise or where Canadian made materials or equipment do not ' exist. 1.13 Finishes ' .1 Shop finish metal enclosure surfaces by application of rust resistant primer inside and outside, and at least two coats of finish enamel. .1 Paint outdoor electrical equipment"equipment green" finish to EEMAC Y1_1_1955. ' .2 Paint indoor switchgear and distribution enclosures light grey to EEMAC 2Y_1_1958 (ASA#61). .2 Clean and touch up surfaces of shop painted equipment scratched or marred during shipment or installation, to match original paint. Runge &Associates Inc. File No.: 17078W Davidson Centre Arena Entrance Page 5 of 8 Electrical General Requirements Section No. 16010 .3 Clean and prime exposed non-galvanized hangers, racks and fastenings o , prevent rusting. 1.14 Equipment Identification ' .1 Supply and install identification nameplates on all equipment such as motor starters, safety switches, panelboards, pushbutton stations, control panels, etc., and any equipment not so supplied. .2 Nameplates: .1 Lamicoid 3 mm thick plastic engraving sheet, black face, white ore, mechanically attached with stainless steel screws or rivets. NAMEPLATES: Size 1: 1 line, 3 mm high letters Size 2: 1 line, 6 mm high letters Size 3: 2 lines, 6 mm high letters Size 4: 1 line, 12 mm high letters Size 5: 2 lines, 12 mm high letters Size 6: 1 line, 25 mm high letters Size 7: 2 lines, 25 mm high letters .3 Wording on nameplates to be approved by Engineer prior to manufacture. .4 Allow for average of twenty-five (25) letters per nameplate. .5 Identification to be English. , .6 Disconnects, starters and contactors: Size 4, indicate equipment description and voltage. .7 Terminal cabinets, pull and junction boxes: Size 2, indicate panelboard system and voltage. .8 Transformers: Size 5 indicate tag number, kVA capacity, phases, system primary and secondary voltages. .9 Provide a typewritten circuit directory with clear plastic cover for each panel board in a suitable holder on the inside of each panel door. Indicate breaker circuit number, rating, load description, and associated load data. On outside of panel board door, indicate tag number, capacity, phases and voltages. .10 For all buried incoming ducts provide a "buried cable" marker on the building where the buried service enters. 1.15 Wiring Identification .1 Identify wiring with permanent indelible identifying markings, numbered on ' both ends of phase conductors of feeders and branch circuit wiring. .2 Maintain phase sequence and colour coding throughout. .3 Colour code: to CSA C22.1_1986. .4 Use colour coded wires in communication cables, matched throughout system. Runge &Associates Inc. ' File No.: 17078W I I Davidson Centre Arena Entrance Page 6 of 8 Electrical General Requirements Section No. 16010 1 1.16 Wiring Terminations .1 Lugs, terminals, screws used for termination of wiring to be suitable for copper Iconductors. 1..17 Manufacturers and CSA Labels I .1 Visible and legible after equipment is installed. 1.18 Warning Signs .1 As specified and to meet requirements of Electrical Inspection Department I and Engineer. .2 Decal signs, minimum size 175 x 250 mm. I1.19 Load Balance .1 Measure phase current in each panelboard with normal loads (lighting) operating at time of acceptance. Adjust branch circuit connections as I required to obtain best balance of current between phases and record changes. .2 Measure phase voltages at loads and adjust transformer taps to within 2% of Irated voltage of equipment. 3 Submit, at completion of work, report listing phase and neutral currents in panel boards, dry-core transformers, switchboards, and motor control centers, I operating under normal load. State hour and date on which each load was measured, and voltage at time of test. 1.20 Conduit and Cable Installation 1 1 Install conduit and sleeves prior to pouring of concrete or core-drilling through existing walls. Sleeves through concrete: schedule 40 steel pipe, sized for free passage of conduit, and protruding 50 mm. I .2 Install cables, conduits and fittings to be embedded or plastered over, neatly and close to building structure so furring can be kept to minimum. I .3 Arrange for holes through exterior walls and roof to be flashed and made weatherproof. 1.21 Insert, Sleeves, Fastenings and Supports 1 .1 Provide all necessary inserts, hangers, fastenings, sleeves and curbs for electrical equipment, suspended from or passing through structural walls or floors, to suit the specific location, and as approved by the Engineer. I .2 Sleeves: allow 12 mm clearance over the O.D. of all cables and conduits, 25 mm horizontally and vertically for rectangular openings. .3 Finish sleeves flush with wall finish (each side) or the ceiling to curb top. I .4 Secure equipment to solid masonry, tile and plaster surfaces with lead anchors or nylon shields, properly sized for the load to be carried. I .5 Secure equipment to poured concrete with expandable inserts, properly sized for the load to be carried. IRunge&Associates Inc. File No.: 17078W Davidson Centre Arena Entrance Page 7 of 8 Electrical General Requirements Section No. 16010 .6 Secure equipment to hollow masonry walls or suspended ceilings with factory , made threaded or toggle type inserts, properly sized for the load to be carried. .7 Secure surface-mounted equipment with twist clip fasteners to inverted T-bars ceilings. Ensure that T-bars are adequately supported to carry weight of equipment specified before installation. 1.22 Cutting, Patching and Welding .1 Where installation of equipment by this section requires cutting or patching of new or existing work, the work shall be performed by, and under direction and supervision of, this section. Make good surface finishes to satisfaction of the Engineer. .2 No cutting or welding of beams, columns or structural surfaces is permitted without approval of the Engineer and all damage to finished or unfinished surfaces shall be made good to the satisfaction of the Engineer. .3 Pay all costs for cutting and patching resulting from failure to co-ordinate timely installation of electrical inserts, sleeves, etc., into masonry structures. 1.23 Fireproofing .1 Where sleeves or openings are installed in walls, floors, roof or partitions to accommodate raceways, cables or bus duct, provide all necessary seals, fittings, barriers and fire-resistant materials to restore the installation to its original fire rating to the satisfaction of the Building Code, governing authorities and the Owner's insurance underwriters. Work To be completed by authorized fire proofing contractor. 1.24 Excavation and Backfill .1 Ensure that route and depth of excavation for underground electrical services is as indicated. Provide protective materials around and over services and be present at all times during excavation and backfilling to supervise work. .2 Contact Electrical Inspection Authority prior to backfilling of electrical service ' cables and ductbanks. 1.25 Field and Quality Control (Testing) .1 General .1 Prior to the Owner's acceptance, all electrical equipment, materials and systems installed shall be subject to an inspection and applicable performance tests supervised by the Owner and/or the Engineer to ensure that the operation of the system and components satisfy the requirements of the Contract Documents. .2 Ensure that the system and its components are ready prior to the inspection and test for acceptance. .3 Conduct all testing by fully qualified personnel only. Tests requiring initial power energization of a system shall not be made without notification of the Owner and/or Engineer. Tests, checks and the like carried out by or on behalf of the Contractor shall be documented and certified at no additional cost to the Owner. Submit two copies of the test certificates to the Engineer. Runge &Associates Inc. , File No.: 17078W 1 Davidson Centre Arena Entrance Page 8 of 8 Electrical General Requirements Section No. 16010 1 .4 Carefully check wiring for each system and/or part of a system to ensure that the system will function properly as indicated by wiring and schematic diagrams, description of operation, etc. ' .5 Manually operate alarms and control devices to check whether their operation during normal and abnormal operating conditions causes the proper effect. .6 In addition to tests on purely electrical systems, supply the necessary labour and equipment for operational tests required by other Divisions where electrical services are involved and make final adjustments to the electrical controls at no additional cost to the Engineer. ' .7 Perform tests on auxiliary or specialized systems with the assistance of the manufacturer's representative. Upon successful conclusion of the tests, obtain a certificate from the manufacturer stating that the system has been installed to their satisfaction and that it is in good ' 8 working order. Ensure circuit protection devices such as overcurrent trips, relays and fuses are installed to values and settings as indicated. .9 Replace at no additional charge all fuses, relays, or other devices destroyed during field quality control (testing). .10 Supply all instruments, meters and personnel required for the tests. .11 Clean equipment by vacuum. Clean, wax and polish all new exterior ' surfaces, check and tighten all electrical connections. 2 Cable and Wire - 1000 Volt and Below: .1 Limit all tests on cables in this voltage range to insulation resistance ' measurements using a megger: 500 V instrument for circuits up to 350 V systems; 1000 V instrument for 351-600 V systems. .2 Record all test results in a logbook and submit to the Engineer for reference. Replace or repair all circuits which do not meet minimum requirements specified in the governing Electrical Safety Code. Measure insulation resistance of the following circuits: .1 Power, lighting and motor feeders (with equipment disconnected): phase-to-phase, and phase-to-ground. .2 Control circuits: measure to ground only. 3 Do not perform megger tests on control circuits containing transistorized or solid-state components. .4 Where power factor correction equipment is installed, it may be necessary to disconnect the capacitors from the system prior to testing to avoid overvoltage. ' .3 Grounding System .1 Test the ground system efficacy for compliance with CSA Standard C22.1 and Supply Authority requirements. Verify that the ohmic resistance values specified therein are not exceeded. Provide method used to obtain results. 2 Notify Inspection Authority and Power Supply Authorities that they may be present to witness Contractor testing and provide any assistance required by these Authorities for their own testing procedures. END OF SECTION ' Runge &Associates Inc. File No.: 17078W Davidson Centre Arena Entrance Page 1 of 5 Underground Duct Systems and Section No. 16105 Electrical Hand Holes ' PART 1 — GENERAL ' 1.1 General Conditions .1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a part of this Specification. Read and fully adhere to exactly as if repeated here in full. .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. .3 All sections of the Electrical Special Provisions inclusive form part of the Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1.2 Scope .1 Furnish all labour, materials, supervision, equipment and services specified, indicated or requested to supply and install the underground duct systems described herein. 1.3 Submittals ' .1 Submit shop drawings for all handhole/handwells and accessories, as specified herein and on the contract drawings. PART 2 — PRODUCTS 2.1 Rigid PVC ' .1 Direct Buried ducts: Rigid PVC conduit, schedule 40 pipe dimensions, complies with CSA C22.2 No. 211.2-06 .2 Concrete encased ducts: Rigid PVC conduit, schedule 40 pipe dimensions, , complies with CSA C22.2 No. 211.2-06 2.2 PVC Duct Fittings .1 PVC, opaque solvent welded type couplings, bell end fittings, plugs, caps, adaptors, split ducts as required to make complete installation. .2 Expansion joints and wobble joints. I .3 PVC angle couplings: 90°, 45° and 22.5° bends with 915mm diameter radius bends (long sweeps). .4 Solvent weld compound for all PVC duct joints. ' 2.3 Grounding .1 Ground rods: to Section 16450 — Grounding. Runge&Associates Inc. , File No.: XXXXX 1 I I Davidson Centre Arena Entrance Page 2 of 5 Underground Duct Systems and Section No. 16105 I Electrical Hand Holes 2.4 Markers I .1 Concrete type cable markers: 600 x 600 x 100 mm, with the words "cable," "joint" or"conduit" impressed in top surface, with arrows to indicate change in direction of duct runs. 1 2.5 Duct Spacers .1 Rigid interlocking plastic material, for the conduit diameters and spacing required on drawings. I 2.6 Cable Pulling Equipment .1 6 mm stranded nylon pull rope with tensile strength of 5 kN. I2.7 Precast Electrical Handhole/Handwell .1 Precast concrete handholes fabricated in steel forms. Size of handhole as Ishown on drawings. .2 Aggregates: to CAN3 A23.1 M90. I .3 Cement: to CAN3 A5 M88, Type 10. Minimum 4500 PSI (32 MPa) strength, 6- 8% air entrainment. .4 Complies with OPSD-2112 standards. I .5 Attach frame using bolts anchored into frame of handwell. Include grounding lug on frame and lid. .6 Individual conduit entry sleeves to be of PVC seals for maximum 103mm (4") 7 Acceptable manufacturer: Utilicon or Armtec IPART 3 — EXECUTION 3.1 Concrete-encased Duct Banks I .1 Supply and install the concrete-encased underground duct banks indicated on the drawings. Supervise all excavation, formwork, reinforcement, concreting, and backfilling. I .2 Build duct bank(s) and manholes on undisturbed soil or on well compacted granular fill not less than 150 mm thick, compacted to 95% of maximum proctor dry density. I .3 Open trench completely between manholes to be connected before ducts are laid and ensure that no obstructions will necessitate change in grade of ducts. .4 Prior to laying ducts, construct"mud slab" not less than 75 mm thick. I .5 Install ducts at elevations as indicated, with a minimum slope of 1 to 400. Solvent weld (glue) all PVC duct joints. .6 Install base spacers at maximum intervals of 1.5 m levelled to grades indicated for bottom layer of ducts. IRunge&Associates Inc. File No.: XXXXX Davidson Centre Arena Entrance Page 3 of 5 Underground Duct Systems and Section No. 16105 Electrical Hand Holes ' .7 Lay PVC ducts with configuration and reinforcing as indicated with preformed interlocking, rigid plastic intermediate spacers to maintain spacing between ducts horizontally and vertically as shown on drawings. Stagger joints in adjacent layers at least 150 mm and make joints watertight. Encase duct bank with concrete cover to elevation (or thickness) shown on drawings. .8 Make transpositions, offsets and changes in direction using 5° bend sections, , do not exceed a total of 20° with duct offset. .9 Use bell ends at duct terminations in manholes or buildings. .10 Use conduit to duct adapters when connecting to conduits. .11 Terminate duct runs with duct coupling set flush with the end of concrete envelope when dead ending duct bank for future extension. .12 Cut, ream and taper end of ducts in field in accordance with manufacturer's recommendations, so that duct ends are fully equal to factory made ends. .13 Allow concrete to attain 50% of its specified strength before backfilling (minimum 24 hours after placing of concrete) unless otherwise authorized by Engineer. Ensure that backfill is placed in maximum 13 mm layers and compacted to the satisfaction of the Engineer. .14 Use anchors, ties and trench jacks as required to secure ducts and prevent moving during placing of concrete. Tie ducts to spacers with twine or other non metallic material. Remove weights or wood braces before concrete has set and fill voids. .15 Clean ducts before laying. Cap ends of ducts during construction and after installation to prevent entrance of foreign materials. .16 Immediately after placing of concrete, pull through each duct a wooden mandrel not less than 300 mm long and of a diameter 6 mm less than internal diameter of duct, followed by stiff bristle brush to remove sand, earth and other foreign matter. Avoid disturbing or damaging ducts where concrete has not set completely. Pull stiff bristle brush through each duct immediately before pulling in cables. .17 Install four 3 m lengths of 15M reinforcing rods, one in each corner of duct bank when connecting duct to manholes or buildings. Wire rods to 15M dowels at manhole or building and support from duct spacers. Protect existing cables and equipment when breaking into existing manholes. Place concrete down sides of duct bank filling space under and around ducts. Rod concrete with flat bar between vertical rows filling voids. .18 In each duct install pull rope continuous throughout each duct run with 3 m spare rope at each end. .19 For long duct runs (greater than 50 m), install expansion couplings at 30 m intervals. .20 Provide removable watertight cap to seal each spare duct end. Install caps on ' all duct ends left open during construction. .21 Ensure that a responsible and competent supervisor is present during concreting operations, to protect against broken, damaged or disturbed ducts. Runge&Associates Inc. File No.: XXXXX 1 I Davidson Centre Arena Entrance Page 4 of 5 I Underground Duct Systems and Section No. 16105 IElectrical Hand Holes Advise the Engineer in advance of concreting, so that he may inspect the Iducts prior to pouring, and be present during the pour. 3.2 Direct Buried Duct Banks I .1 Rigid ducts for direct burial shall be of the type approved for direct burial. 2 Ensure that the trench bottom is of undisturbed soil or soil compacted to a density of 95% of the maximum dry density, free of stones and uniformly I graded to give continuous support to the rigid ducts throughout their entire length. .3 Slope ducts with 1 to 400 minimum slope. Solvent weld (glue) all PVC duct joints. I .4 Ensure all couplings used to join PVC conduits are given a tight fit. Make connections with an approved PVC solvent supplied by the conduit manufacturer. I .5 Provide protection covers or planks, where required or indicated. .6 Install pull cord in each duct with 3 m spare cord at each end and cap until I ready for use. 7 Pull through each duct wooden mandrel not less than 300 mm long and of diameter 6 mm less than internal diameter of duct, followed by stiff bristle brush to remove sand, earth and other foreign matter. Pull stiff bristle brush Ithrough each duct immediately before pulling-in cables. .8 Install markers as required or as indicated. 1 3.3 Markers .1 Mark location of duct runs under hard surfaced areas not terminating in manhole with railway spike driven flush in edge of pavement, directly over run. I Place concrete duct marker at ends of such duct runs. Construct markers and install flush with grade. .2 Mark ducts every 150 m along straight runs and changes in direction. I .3 Where markers are removed to permit installation of additional duct, reinstall existing markers. I .4 Lay concrete markers flat and centered over duct with top 25 mm above earth surface. .5 Provide drawings showing locations of markers. 1 3.4 Inspections .1 Advise Engineer so that he may inspect ducts prior to placing and be present during placement of concrete and clean out. I3.5 Cable Installation in Ducts .1 Install cables as indicated in ducts. 1 .2 Do not pull spliced cables inside ducts. .3 Install multiple cables in duct simultaneously. IRunge &Associates Inc. File No.: XXXXX 1 Davidson Centre Arena Entrance Page 5 of 5 Underground Duct Systems and Section No. 16105 Electrical Hand Holes .4 Use CSA approved lubricants of type compatible with cable jacket to reduce pulling tension. .5 To facilitate matching of colour coded multiconductor control cables reel off in same direction during installation. .6 Before pulling cable into ducts and until cables properly terminated, seal ends of lead covered cables with wiping solder; seal ends of non leaded cables with moisture seal tape. .7 After installation of cables, seal duct ends with duct sealing compound. ' 3.6 Electrical Precast Concrete Handholes and Chambers .1 Install precast handholes and chambers, as indicated on drawings. .2 Terminate ducts in bell end fitting flush with window face. .3 Install frames and covers for handhole(s) and cable pulling chamber(s). .4 Provide minimum 457mm depth of 19mm dia. clear crush stone underneath each handhole and chamber as a base and drainage. Coordinate with Civil Engineer/Contractor. END OF SECTION R:\2017\17078W Kincardine Davidson Centre\Contract\Tender Documents\Specifications\17078W-Davidson Centre Arena- 16105 Underground Duct Systems and Electrical Handholes&Chambers.docx 1 Runge&Associates Inc. ' File No.: XXXXX 1 Davidson Centre Arena Entrance Page 1 of 3 I Wires & Cables Section No. 16120 I PART 1 - GENERAL 1 1.1 General Conditions .1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a part of this Specification. Read and fully adhere Ito exactly as if repeated here in full. .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. I .3 All sections of the Electrical Special Provisions inclusive form part of the Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1 1.2 Scope .1 Furnish all labour, materials, supervision, equipment and services specified, I indicated or requested to install the complete wiring systems specified herein including, but not limited to: .1 Low voltage wire and cables I .2 Include in the wiring system all wiring, terminations, wire markers, cable tags, cable ties, splice fittings, insulation tapes, connectors and miscellaneous materials necessary to complete the wiring system. I PART 2 — PRODUCTS 2.1 Low Voltage Wire and Cable (1000V and Below) I .1 Conductors: stranded Copper conductors, with minimum power conductor size: No. 12 AWG, minimum control conductor size: No. 14 AWG. .2 Power conductors: size as indicated, with cross linked polyethylene (XLPE) I insulation rated 1000 V— RW90 or RWU90, as indicated. 3 Control conductors: XLPE insulation rated 600 V— RW90. I .4 Control panel wiring: copper with thermoplastic insulation type TEW rated at 600 V. .5 Provide multi-conductor cables wrapped with interstitial fillers and an overall PVC (minus 40°C) flame retardant, low acid gas evolution jacket. I .6 Insulated ground conductors forming part of a multi-conductor cable assembly shall have green colour coding. I .7 Colour coding of insulated conductors: .1 1-conductor cable-Black .2 2-conductor cable-Black, White .3 3-conductor cable-Red, Black, Blue I .4 5 4-conductor cable-Red, Black, Blue, White Multi-conductor cables-Number code .6 Intrinsically safe field wiring: Yellow I IRunge&Associates Inc. File No.: 17078W I I Davidson Centre Arena Entrance Page 2 of 3 Wires & Cables Section No. 16120 2.2 Wiring Accessories 1 .1 Wire markers: computer printed, black letters on white background, self- laminating — vinyl markers, number of markers as required. .2 Cable markers for cables or conductors greater than 13 mm diameter: strap- on type, rigid PVC, black letters on white background, with PVC covered aluminium straps. .3 Terminal blocks: minimum 600 V rated, modular, sized to accommodate conductor size used. .4 Where screw-type terminals are provided on equipment field wiring: terminate with pressure-type insulated copper fork tongue terminals. .5 Splice connectors for wire sizes Nos. 12-10 AWG inclusive: compression spring type. .6 Splice connectors for wire sizes No. 8 AWG and larger: split-bolt type, sized to suit number and size of conductors, c/w flame retardant foot-type insulator. .7 Cable ties shall be nylon, one-piece, self-locking type. I .8 Cable pulling lubricant: compatible with cable covering and will not cause damage and corrosion to conduits or ducts. PART 3 — EXECUTION ' 3.1 Installation —General .1 Install all wire and cable according to the drawings, with a minimum power conductor size of No. 12 AWG and minimum control conductor size of No. 14 AWG. .2 Pull cable into ducts and conduits in accordance with the cable manufacturer's recommendations, using patented cable grips suitable for the type of cable or using pulling eyes to be installed directly onto the cable conductors. .3 Limit pulling tensions to those recommended by the manufacturer to avoid overstressing cable. .4 Utilize adequate lubricant when pulling cables through ducts and conduits to minimize wear on cable jackets. .5 Install all through wiring in junction and pull boxes having no connection within the box with a minimum of 150 mm of slack left inside the box. .6 Install instrument and thermocouple extension wiring separate from power and control wiring. .7 Make connections to equipment "pig-tails" with mechanical, insulated, screw- on connectors for wire sizes Nos. 12-10 AWG. For wire sizes No. 8 AWG and larger utilize split-bolt connectors, taped with three layers minimum of insulating tape. .8 No splices shall be permitted in cable or wiring runs, and shall only be permitted in junction boxes. .9 Unless otherwise specified, make all wiring tapes, splices and terminations with identified compression screw type terminal blocks, securely fastened to avoid loosening under vibration or normal strain. Make connections for Runge&Associates Inc. ' File No.: 17078W I I Davidson Centre Arena Entrance Page 3 of 3 I Wires & Cables Section No. 16120 Iinterior and exterior lighting circuits and 120 V, 15 amp convenience receptacle circuits using screw-on or split-bolt connectors and insulating tape. I .10 Identify each conductor by plastic slip-on markers at each termination indicating the circuit designation or wire number. .11 Identify each cable by attaching a suitable marker, stamped or indelibly I marked with the cable number, at each end of the cable and in all intermediate manholes,junction boxes and pull boxes. IEND OF SECTION I R:\2017\17078W Kincardine Davidson Centre\Contract\Tender Documents\Specifications\17078W-Davidson Centre Arena- 16120 Wires&Cables.docx I I I I I I I I I I IRunge &Associates Inc. File No.: 17078W Davidson Centre Arena Entrance Page 1 of 2 Grounding Section No. 16450 PART 1 - GENERAL 1.1 General Conditions , .1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a part of this Specification. Read and fully adhere to exactly as if repeated here in full. .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. .3 All sections of the Electrical Special Provisions inclusive form part of the Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1.2 Scope I .1 Furnish all labour, materials, supervision, equipment and services specified, indicated or requested to install a complete grounding system. 1 PART 2 - PRODUCTS 2.1 Equipment ' .1 AC System Grounding conductors: bare stranded copper, soft annealed size as indicated or as required by Ontario Electrical Safety Code. .2 Bonding Raceways and Equipment conductors: bare stranded copper, soft annealed size as indicated or as required by Ontario Electrical Safety Code. .3 Grounding electrodes (rods): copper clad steel, 19mm diameter by 3m long. .4 Grounding plate: copper clad, hot dipped galvanized steel, #8 to#1/0 wire range, 6.35mm (1/4") think plate. .5 Provide copper clad clamps for grounding of conductor, size as required to outdoor grounding system. .6 Insulated grounding conductors: green, type RW90, rated 1000V, stranded copper, soft annealed copper conductor. .7 Non-corroding (copper) accessories necessary for grounding system, type, size, material as required, including but not necessarily limited to: .1 Grounding and bonding bushings. .2 Protective type clamps. .3 Bolted type conductor connectors. .4 Thermit welded type conductor connectors. .5 Bonding jumpers, straps. .6 Pressure wire connectors. .8 Acceptable manufacturers: .1 Burndy .2 Thomas & Betts Runge&Associates Inc. 1 File No.: 17078W 1 • Davidson Centre Arena Entrance Page 2 of 2 I Grounding Section No. 16450 IPART 3 — EXECUTION 3.1 Installation General I .1 Provide a complete permanent, continuous, system and circuit, and equipment grounding systems including, electrodes, plates, conductors, connectors, accessories, as indicated, and to conform to requirements of Engineer, and Ilocal inspection authorities having jurisdiction over installation. 2 Install connectors in accordance with manufacturer's instructions. Soldered joints not permitted. I .3 Protect exposed grounding conductors from mechanical injury. .4 Make buried connections, and connections to conductive water main, electrodes, plates, using copper welding by thermit process or mechanical Icompression connectors utilizing hydraulic tools. .5 Use mechanical connectors for grounding connections to equipment provided with lugs. I .6 Install bonding wire for flexible conduit, connected at both ends to grounding bushing, solderless lug, clamp or cup washer and screw. Neatly cleat bonding wire to exterior of flexible conduit. I .7 Install separate ground conductor to outdoor lighting standards and bollards, plus all ducts and raceway systems. I 8 Clean surfaces to which ground conductors or bus are bolted to surfaces of paint, rust, etc., and lightly coat both contact surfaces with an oxide- preventing agent before bolting connection to steel member. .9 Protect ground conductors or bus subject to mechanical damage by rigid I galvanized steel conduit or steel guards which shall be effectively grounded at both ends to the ground conductor they are protecting, regardless of length. .10 Terminate ground wires forming an integral part of cables to equipment I ground stud of enclosure at all terminations unless otherwise noted for single cables. Where stud is not provided, drill enclosure housing and install ground fitting. I .11 Make grounding connections in radial configuration only, with connections terminating at single grounding point. Avoid loop connections. .12 Ground secondary service pedestals as per Section 10 of the Electrical Code. I3.2 Field Quality Control .1 Perform tests in accordance with Section 16010 — Electrical General I Requirements. 2 Perform ground continuity and resistance tests using method appropriate to site conditions and to approval of Consultant and local authority having I 3 jurisdiction over installation. Perform tests before energizing electrical system. Disconnect ground fault indicator during tests. IEND OF SECTION R:\2016\16018W Queen Street,St.Marys\Contract\Specifications\16018W_16450 Grounding.doc IRunge &Associates Inc. File No.: 17078W I 1 Davidson Centre Arena Entrance Page 1 of 3 Lighting Equipment Section No. 16505 PART 1 — GENERAL 1.1 General Conditions , .1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a.part of this Specification. Read and fully adhere to exactly as if repeated here in full. , .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. .3 All sections of the Electrical Special Provisions inclusive form part of the 1 Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1.2 Scope ' .1 Furnish all labour, materials, supervision, equipment and services specified, indicated or requested to install the lighting equipment specified herein and on the drawings. 1.3 Submittals .1 Submit shop drawings for all luminaries and accessories, as specified herein and on the contract drawings. PART 2 — PRODUCTS ' 2.1 Lighting — Luminaire Schedule .1 Refer to Contract Drawings for all lighting products. , .2 Provide all necessary mounting brackets, hangers, etc., as required for installation. 2.2 LED Luminaire Assemblies i .1 Driver .1 The LED driver shall be securely mounted inside the fitter, for optimized performance and longevity. .2 The LED driver shall be supplied with a quick-disconnect electrical connector on the power supply, providing easy power connections and fixture installation. .3 The driver shall be UL Listed or Recognized, have a power factor not less than 90%, and a THD no greater than 20% at full load. .4 The driver shall have overload as well as short circuit protection. .5 The driver current shall be constant current design. .6 The driver shall be a DC voltage output. .7 The driver shall have a minimum efficiency of 90%. .2 Light Sources I .1 The luminaire shall use high output, high brightness LEDs. .2 The LEDs shall be attached to the printed circuit board with not less than 90% pure silver to insure optimal electrical and thermal conductivity. Runge&Associates Inc. 1 File No.: 17078W 1 I Davidson Centre Arena Entrance Page 2 of 3 I Lighting Equipment Section No. 16505 I .3 The LEDs and printed circuit boards shall be protected from moisture and corrosion by a conformal coating of 1 to 3 mm. .4 The LEDs and printed circuit board construction shall be I environmentally friendly and 100% recyclable. They shall not contain lead, mercury or any other hazardous substances and shall be RoHS compliant. .5 The LED life rating data shall be determined in accordance with IESNA ILM-80-08. Testing must be done with a complete assembled luminaire. .3 Optics .1 The luminaire shall be provided with individual acrylic, refractor type I optics applied to each LED. 2 The luminaire shall provide light distribution per IESNA classifications. Testing shall be done in accordance with IESNA LM-79-08. I .4 Performance .1 The LED arrays are built in series-parallel circuits which maintain overall light output in the event of single LED failures. I .2 The LED and LED driver shall operate over-40°C to +50°C ambient air temperature range. 3 The indoor high performance white LEDs will have a minimum 50,000 hour L70 value rated at 25°C. I .4 The high brightness, high output LEDs shall be a maximum colour temperature of 3500K (indoor) and 4000K (outdoor) with a minimum 70 CRI (+/- 5%). I .5 Warranty .1 The outdoor luminaires and drivers shall be free from all defects in materials and workmanship for a minimum period of ten (10) years from the date of manufacture. I .2 The indoor luminaires and drivers shall be free from all defects in materials and workmanship for a minimum period of five (5) years from date of manufacture. .3 Manufacturer shall warrant the LED boards/system, during the stated I warranty period, against failure defined as more than three (3) simultaneous non-operating LEDs. .4 Warranty shall include all labour costs associated with replacement of I the luminaires. 6 Shop Drawings .1 All shop drawings must be submitted with the following tests: I .1 IESNA LM-79-08 2 IESNA LM-80-08, test must be done for the complete assembled luminaire. .7 Alternates .1 LED luminaires not meeting the minimum requirements of this specification will not be considered. I 2.3 Outdoor Lighting Pole .1 Refer to contract drawings for details. I IRunge &Associates Inc. File No.: 17078W I Davidson Centre Arena Entrance Page 3 of 3 Lighting Equipment Section No. 16505 PART 3 — EXECUTION I 3.1 Lighting Luminaires .1 Install lighting luminaries as shown on the drawings and in accordance with the manufacturer's installation recommendations. .2 Replace any new luminaries showing marks or scratches due to handling or tool marks at no cost to the Owner. .3 Install all luminaries accurately in line and level. Align luminaries shown in continuous rows and in straight lines. .4 Provide and install any additional support brackets, clamps, channels, hangers, etc., necessary to install the luminaries where shown. Do not support luminaries from ducts, piping or equipment. Ensure that all installed luminaries are freely accessible. .5 Check area for interference from piping, ductwork and equipment, and obtain written authorization from the Engineer before proceeding with fixture installation. .6 Cooperate with the ceiling materials contractor. Ensure installation of a luminaries are in correct location in relation to ceiling, and luminaries are suitable for the ceiling installed. Ensure no obstructions exist over ceiling, I which will interfere with the installation of the luminaries. .7 Provide fire rated drywall enclosure for all recessed luminaires mounted in fire rated ceilings. .8 Coordinate work with all other divisions. If interferences are discovered advise the engineer immediately and do not proceed until adjustments are approved. .9 All interior fluorescent luminaires to be installed directly to ceiling structure or as noted on drawings 3.2 Wiring 1 .1 Install wiring for all lighting luminaries in accordance with Section 16010. 3.3 Field Quality Control I .1 After installation perform potential and continuity tests and ensure that all ground connections are properly made and made good any equipment or material which fails the tests before energizing the system. END OF SECTION R:\2017\17078W Kincardine Davidson Centre\Contract\Tender Documents\Specifications\17078W-Davidson Centre Arena- 16505 Lighting Equipment.docx Runge &Associates Inc. I File No.: 17078W I SUPPLEMENTAL GENERAL CONDITIONS The following items shall supplement the OPS General Conditions of Contract, latest edition. 1.0 Section GC 1.04.01, Definitions, shall be amended with the inclusion of the following definitions: Provisional means that the use of this item is conditional on the circumstances determined by the Contract Administrator at the time of construction and that authorization to proceed must be granted to the Contractor prior to proceeding with the work. Shop Drawings means any Drawings or Plans prepared by the Contractor for components that will form a permanent part of the Work and may, without limiting the generality thereof, include mechanical and electrical equipment or components permanently embedded in the work. Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; or erection diagrams. 2.0 Section GC 2.01, Reliance on Contract Documents,paragraph 2.01.01 a) shall be revised as follows: a) The location and depth of all utilities shown on the contract drawings are based on information obtained from the applicable operating authority. Neither the Owner nor the Contract Administrator can warrant the locations of the utilities. 3.0 Section GC 2.02, Order of Precedence, shall be revised such that documents shall take precedence and govern in the following order: a) Agreement b) Addenda ' c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings 4.0 Section GC 3.05.01. Layout, shall be revised as follows: The Contract Administrator shall, on behalf of the Owner,provide baseline and benchmark information for the location, alignment, and elevation of the work including: I I I SGC-2 I • Offset stakes for road centreline alignment • Offset stakes for storm sewer structures and sanitary sewer structures • Final curb grade and alignment • Alignment for bridge foundations I One week advance notice is required by the Contract Administrator to schedule the construction layout. I 5.0 Section GC 8.02.02,Advance Payments for Materials, the first sentence of paragraph GC 8.02.02.01 shall be revised as follows: I .01 The Owner may make advance payment for material intended for incorporation in the work upon written request of the Contractor and according to the following terms and conditions: 6.0 Section GC 8.02.08.02, Taxes, shall be revised as follows: "Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not later than 120 days after completion." 7.0 Section GC 8.02.08.03, Taxes, shall be revised as follows: "Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the I Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 120 days after completion." 8.0 Section GC 3.02.06, shall be revised as follows: "Work related to the Shop Drawings shall not proceed until the Shop Drawings have been signed and dated by the Contract Administrator and marked with the word, "Reviewed"." 111 I I I I Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Supp Gen Conditions-17Feb8.docx I I 1 ONTARIO PROVINCIAL STANDARDS FOR ' ROADS AND PUBLIC WORKS I AV( srgNoq of 0 p 110 G� � O GENERAL CONDITIONS OF CONTRACT NOVEMBER 2006 I I I I GC 3.10 Changes 18 GC 3.10.01 Changes in the Work 18 I GC 3.10.02 Extra Work 19 GC 3.10.03 Additional Work 19 1 GC 3.11 Notices 19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 19 GC 3.13 Claims, Negotiations, Mediation 20 GC 3.13.01 Continuance of the Work 20 GC 3.13.02 Record Keeping 20 GC 3.13.03 Claims Procedure 20 GC 3.13.04 Negotiations 21 GC 3.13.05 Mediation 21 GC 3.13.06 Payment 21 GC 3.13.07 Rights of Both Parties 21 GC 3.14 Arbitration 21 1 GC 3.14.01 Conditions for Arbitration 21 GC 3.14.02 Arbitration Procedure 22 GC 3.14.03 Appointment of Arbitrator 22 GC 3.14.04 Costs 22 GC 3.14.05 The Decision 23 GC 3.15 Archaeological Finds 23 SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS I GC 4.01 Working Area 24 GC 4.02 Approvals and Permits 24 GC 4.03 Management and Disposition of Materials 24 111 GC 4.04 Construction Affecting Railway Property 25 GC 4.05 Default by the Contractor 25 GC 4.06 Contractor's Right to Correct a Default 25 I Page 2 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 4.07 Owner's Right to Correct a Default 26 IGC 4.08 Termination of Contractor's Right to Continue the Work 26 GC 4.09 Final Payment to Contractor 26 IGC 4.10 Termination of the Contract 26 GC 4.11 Continuation of Contractor's Obligations 27 GC 4.12 Use of Performance Bond 27 II GC 4.13 Payment Adjustment 27 SECTION GC 5.0-MATERIAL IGC 5.01 Supply of Material 28 GC 5.02 Quality of Material 28 IGC 5.03 Rejected Material 28 IGC 5.04 Substitutions 29 GC 5.05 Owner Supplied Material 29 IGC 5.05.01 Ordering of Excess Material 29 GC 5.05.02 Care of Material 29 ISECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE IGC 6.01 Protection of Work, Persons, and Property 31 GC 6.02 Indemnification 31 IGC 6.03 Contractor's Insurance 32 GC 6.03.01 General 32 IGC 6.03.02 General Liability Insurance 32 GC 6.03.03 Automobile Liability Insurance 33 IGC 6.03.04 Aircraft and Watercraft Liability Insurance 33 GC 6.03.04.01 Aircraft Liability Insurance 33 GC 6.03.04.02 Watercraft Liability Insurance 33 IGC 6.03.05 Property and Boiler Insurance 33 GC 6.03.05.01 Property Insurance 33 GC 6.03.05.02 Boiler Insurance 34 I GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion 34 GC 6.03.05.04 Payment for Loss or Damage 34 I IPage 3 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 6.03.06 Contractor's Equipment Insurance 35 GC 6.03.07 Insurance Requirements and Duration 35 1 GC 6.04 Bonding 35 GC 6.05 Workplace Safety and Insurance Board 36 1 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General 37 GC 7.02 Layout 39 1 GC 7.03 Working Area 39 GC 7.04 Damage by Vehicles or Other Equipment 40 1 GC 7.05 Excess Loading of Motor Vehicles 40 I GC 7.06 Condition of the Working Area 40 GC 7.07 Maintaining Roadways and Detours 40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 41 GC 7.09 Approvals and Permits 41 GC 7.10 Suspension of Work 42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 42 GC 7.12 Notices by the Contractor 42 GC 7.13 Obstructions 43 1 GC 7.14 Limitations of Operations 43 GC 7.15 Cleaning Up Before Acceptance 43 I GC 7.16 Warranty 43 GC 7.17 Contractor's Workers 44 GC 7.18 Drainage 44 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement 45 1 GC 8.01.01 Quantities 45 GC 8.01.02 Variations in Tender Quantities 45 I Page 4 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 8.02 Payment 46 IGC 8.02.01 Price for Work 46 GC 8.02.02 Advance Payments for Material 46 iGC 8.02.03 Certification and Payment 47 GC 8.02.03.01 Progress Payment Certificate 47 GC 8.02.03.02 Certification of Subcontract Completion 47 I GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment 47 GC 8.02.03.04 Certification of Substantial Performance 48 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory I Holdback Release Payment Certificates 48 GC 8.02.03.06 Certification of Completion 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates 49 I GC 8.02.03.08 Interest 50 GC 8.02.03.09 Interest for Late Payment 50 GC 8.02.03.10 Interest for Negotiations and Claims 51 GC 8.02.03.11 Owner's Set-Off 51 I GC 8.02.03.12 Delay in Payment 51 GC 8.02.04 Payment on a Time and Material Basis 51 ' GC 8.02.04.01 Definitions 51 GC 8.02.04.02 Daily Work Records 52 GC 8.02.04.03 Payment for Work 53 GC 8.02.04.04 Payment for Labour 53 ICC 8.02.04.05 Payment for Material 53 GC 8.02.04.06 Payment for Equipment 53 GC 8.02.04.06.01 Working Time 53 GC 8.02.04.06.02 Standby Time 53 GC 8.02.04.07 Payment for Hand Tools 54 GC 8.02.04.08 Payment for Work by Subcontractors 54 GC 8.02.04.09 Submission of Invoices 54 I GC 8.02.04.10 Payment Other Than on a Time and Material Basis 55 GC 8.02.04.11 Payment Inclusions 55 GC 8.02.05 Final Acceptance Certificate 55 IGC 8.02.06 Payment of Workers 55 8.02.07 Records 55 ICC GC 8.02.08 Taxes 56 I GC 8.02.09 Liquidated Damages 56 I I I II Page 5 Rev. Date: 11/2006 OPSS.MUNI 100 I SECTION GC 1.0-INTERPRETATION GC 1.01 Captions I .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations , .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ACI" - American Concrete Institute "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CCIL" - Canadian Council of Independent Laboratories "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions "ISO" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices(Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SCC" - Standards Council of Canada "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa, as the context requires. GC 1.04 Definitions .01 For the purposes of this Contract the following definitions apply: I Actual Measurement means the field measurement of that quantity within the approved limits of the Work. Addendum means an addition or change in the tender documents issued by the Owner prior to tender closing. I Page 6 Rev.Date: 11/2006 OPSS.MUNI 100 1 Additional Work means work not provided for in the Contract and not considered by the Contract IAdministrator to be essential to the satisfactory completion of the Contract within its intended scope. Agreement means the agreement between the Owner and the Contractor for the performance of the Work that is included in the Contract Documents. Base means a layer of material of specified type and thickness placed immediately below the pavement wearing surface layers, curb and gutter, or sidewalk. Business Day means any Day except Saturdays, Sundays, and statutory holidays. Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. j Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part thereof, within the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the ' Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. ' Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. ' Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report, and any other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross-sections. ' Contract Time means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. t Page 7 Rev.Date: 11/2006 OPSS.MUNI 100 I 1 Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. Cost Plus has the same meaning as "Time and Material." I Cut-Off Date means the date up to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. Extra Work means work not provided for in the Contract as awarded but considered by the Contract I Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. I Force Account has the same meaning as"Time and Material." Geotechnical Report means a report or other information identifying soil, rock, and ground water conditions in the area of any proposed Work. Grade means the required elevation of that part of the Work. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of that is intended for or used by the general I public for the passage of vehicles and includes the area between the lateral property lines thereof. Lot means a specific quantity of material or a specific amount of construction normally from a single source and produced by the same process. I Page 8 Rev.Date: 11/2006 OPSS.MUNI 100 1 1 I Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at ' a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000, or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. ( Material means material, machinery, equipment and fixtures forming part of the Work. Owner means the party to the Contract for whom the Work is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority." Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch. Performance Bond means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. ' Project means the construction of the Work as contemplated by this Contract. Quantity Sheet means a list of the quantities of Work to be done. Quarried Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal, was integral with the parent mass. 1 Quarry means a place where Aggregate has been or is being removed from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal, was integral with the parent areas. Rate of Interest means the rate of interest as determined under the Financial Administration Act by the Minister of Finance of Ontario and issued by, and available from, the Owner. ' Records mean any books, payrolls, accounts, or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes Ithe Shoulders. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions mean directions containing requirements specific to the Work. ' Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work. Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. I Page 9 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure, consisting of Base, Subbase, and Pavement. Subsurface Report means a report or other information identifying the location of Utilities, concealed and 1 adjacent structures, and physical obstructions that fall within the influence of the Work. Superintendent means the Contractor's authorized representative in responsible charge of the Work. 1 Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.l.8, as amended, executing a bond provided by the Contractor. 111 Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. 1 Time and Material means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where"Cost Plus" and "Force Account"are used they shall have the same meaning. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such longer period as may be specified in the Contract Documents for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work means the total construction and related services required by the Contract Documents. Working Area means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, , a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner, or an employee of any one of them, or by anyone else acting on behalf of the Owner. ii. non-delivery of Owner supplied Materials. iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. I Page 10 Rev.Date: 11/2006 OPSS.MUNI 100 1 I 1 Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. GC 1.05 Substantial Performance .01 The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect,the cost of correction, is not more than i. 3%of the first$500,000 of the Contract price, ii. 2% of the next$500,000 of the Contract price, and iii. 1% of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract I price in determining Substantial Performance. GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect, or last supply is not more than the lesser of, a) 1% of the Contract price; or b) $1,000. ' GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the ' best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. ' GC 1.08 Interpretation of Certain Words .01 The words "acceptable," "approval," authorized, "considered necessary," "directed," "required," "satisfactory," or words of like import, shall mean approval of, directed, required, considered necessary, or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise. I Page 11 Rev.Date: 11/2006 OPSS.MUNI 100 I 1 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents I .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground Utilities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical .02 The Owner does not warrant or make any representation with respect to: a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and I b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence ' .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: 111 a) Agreement b) Addenda I c) Special Provisions d) Contract Drawings I e) Standard Specifications f) Standard Drawings r g) Instructions to Tenderers h) Tender ' i) Supplemental General Conditions j) General Conditions k) Working Drawings Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; Page 12 Rev.Date: 11/2006 OPSS.MUNI 100 111 I I c) Detailed Drawings shall govern over general Drawings; and Id) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following Idescending order of precedence shall govern: a) Owner's Standard Specifications Ib) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and Ireferenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. I I 1 I I I I I I 1 I I Page 13 Rev.Date: 11/2006 OPSS.MUNI 100 t I SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority ' .01 The Contract Administrator shall be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contract. .04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. .06 The Contract Administrator shall investigate all allegations of a Change in the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shall not show partiality to either party. .10 The Contract Administrator shall have the authority to reject part of the Work or Material that does not conform to the Contract Documents. .11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship; the use of defective material; or damage through carelessness or other act or omission of the Contractor and whether or not incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the Contractor shall if directed by the Contract Administrator promptly remove the Work and replace, make good, or re-execute the Work at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements, or re-executions shall be made good, promptly, at no additional cost to the Owner. I Page 14 Rev.Date: 11/2006 OPSS.MUNI 100 111 I I .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount that will be determined in the first instance by the Contract Administrator. 1 .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to ' reject any defective work or Material shall not constitute acceptance of defective work or Material. .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy non-compliance in the case of such non-compliance with the provisions of the Contract by the Contractor. ' The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances. .16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. ' .17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. ' .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or ' the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. ' .03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed upon schedule, or otherwise,with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review shall be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. Page 15 Rev.Date: 11/2006 OPSS.MUNI 100 I 1 .05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been , signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment , .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 111Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: , a) Delays, subsection GC 3.07. b) Changes in the Work, clause GC 3.10.01. 1 c) Extra Work, clause GC 3.10.02. Page 16 Rev.Date: 11/2006 OPSS.MUNI 100 I I d) Additional Work, clause GC 3.10.03. .03 The Contract Administrator shall, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; ' b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or tf) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. Extension of ' Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time. .02 If the Work is delayed by labour disputes, strikes or lock-outs, including lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractor's control, which then the Contract Time shall be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the ' result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. .03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written consent of the Owner. I Page 17 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 3.09 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any ' limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. .03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the reasons for the rejection. .04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has 1 been engaged in accordance with this subsection. .05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 111 .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 Changes ' GC 3.10.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Change in the Work does not solely relate to quantities, then either the Owner or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Contract price in respect of the Change in the Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. I 1 Page 18 Rev.Date: 11/2006 OPSS.MUNI 100 1 I I GC 3.10.02 Extra Work .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may ' be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work 1 .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional ' Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. ' .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. ' GC 3.11 Notices ' .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, if sent by mail. ' .02 The Contractor and the Owner shall provide each other with the mail and email addresses; pager, cell phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work, and update as necessary. 1 .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy ' the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance ' shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract I Page 19 Rev.Date: 11/2006 OPSS.MUNI 100 I I Documents. The Owner shall be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims, Negotiations, Mediation , GC 3.13.01 Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have. GC 3.13.02 Record Keeping .01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within ' 7 Days of the commencement of any part of the Work that may be affected by the situation. .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may ' request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request. I Page 20 Rev. Date: 11/2006 OPSS.MUNI 100 I I .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the ' Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC 3.13.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. ' .02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed ' that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.13.05, Mediation, or subsection GC 3.14,Arbitration. GC 3.13.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, ' Negotiations,within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. In a ' final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, a non-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.13.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. ' The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.13.06 Payment .01 Payment of the claim shall be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment shall be made according to the terms of Section GC 8.0, Measurement and Payment. GC 3.13.07 Rights of Both Parties .01 It is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.14 Arbitration GC 3.14.01 Conditions of Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, or the mediation stage noted in clause GC 3.13.05, Mediation, either party may invoke the provisions of subsection GC 3.14,Arbitration, by giving written notice to the other party. Page 21 Rev.Date: 11/2006 OPSS.MUNI 100 1 I .02 Notification that arbitration shall be implemented to resolve the issue shall be communicated in writing as soon as possible and no later than 60 Days following the opinion given in paragraph GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.13.03.05. .03 The parties shall be bound by the decision of the arbitrator. 1 .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration; 1 b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. , .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that the arbitrator considers relevant. .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. , GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. I .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. ' Page 22 Rev. Date: 11/2006 OPSS.MUNI 100 I I .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decision .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An ' extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall ' immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection with an archaeological find shall be considered as Extra Work in accordance with clause GC 3.10.02, Extra Work. ' .04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a result of any work stoppage. I I I Page 23 Rev.Date: 11/2006 OPSS.MUNI 100 I I SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area , .01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and shall indicate the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. ' GC 4.02 Approvals and Permits .01 The Owner shall pay for all plumbing and building permits. 1 .02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. I GC 4.03 Management and Disposition of Materials .01 The Owner shall identify in the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, the Owner advises that, a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous ' materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. Page 24 Rev.Date: 11/2006 OPSS.MUNI 100 I I .06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property ' .01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. .03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment, as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor ' .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. GC 4.06 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. I Page 25 Rev.Date: 11/2006 OPSS.MUNI 100 I i GC 4.07 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06, 1 Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC 4.08 Termination of Contractor's Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work ' withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection ' GC 7.16, Warranty, exceeds the allowance provided for such corrections. GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other I right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surety, and any trustee or receiver acting on behalf of the Contractor's estate or creditors. I Page 26 Rev.Date: 11/2006 OPSS.MUNI 100 I I .02 If the Owner elects to terminate the Contract, the Owner may provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.11 Continuation of Contractor's Obligations .01 The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.12 Use of Performance Bond .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in accordance with the conditions of the Performance Bond. GC 4.13 Payment Adjustment 1 .01 If any situation should occur in the performance of the Work that would result in a Change in the Work, the Owner shall be entitled to an adjustment and those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. I 1 I I I I I I ' Page 27 Rev.Date: 11/2006 OPSS.MUNI 100 I I SECTION GC 5.0 -MATERIAL GC 5.01 Supply of Material I .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. I .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Material .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of, in what the Contract Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. I I Page 28 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of I the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. I .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The I approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be I entitled to the first$1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and, if any adjustment to the Contract price is made by reason of such Isubstitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material IGC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in I excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. IGC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide I adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. I .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. I .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract I Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the I Contractor at no extra cost to the Owner. I Page 29 Rev.Date: 11/2006 OPSS.MUNI 100 I 1 .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when the Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 1I 1 I I I I I Page 30 Rev.Date: 11/2006 OPSS.MUNI 100 I I SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of the Contractor's operations under the Contract, unless indicated to the contrary below. .02 The Contractor is responsible for the full cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. 1 .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the Contract Documents, from the date of certification of Final Acceptance. I Page 31 Rev.Date: 11/2006 OPSS.MUNI 100 I 1 .02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. .03 The Owner expressly waives the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract that are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. .05 The Contractor expressly waives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance i .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance shall be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and, if the Contractor fails to do so,the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shall not be binding on the Owner. I Page 32 Rev.Date: 11/2006 OPSS.MUNI 100 I I .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made"insurance policies shall not be permitted. IGC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not'less than five million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days written notice in advance of any cancellation, change, or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement, and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.01 Aircraft Liability Insurance .01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance .01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. I Page 33 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 6.03.05.02 Boiler Insurance .01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator ' for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy, the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. .02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract, except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds, and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies, except where such I amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. I I I I Page 34 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims I by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for I the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. IGC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of I commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior I to commencement of the Work and signed by an officer of the Contractor and either the underwriter or the broker. I .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and, in addition, a signature by an officer of the insurer or the underwriter or Ithe broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the I Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. I .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's Icost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the I date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding j .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. I .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. I I IPage 35 Rev. Date: 11/2006 OPSS.MUNI 100 I I GC 6.05 Workplace Safety and Insurance Board .01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance I indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. I b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when requested by the Contract Administrator. i I 1 I I I I I I l t I Page 36 Rev.Date: 11/2006 OPSS.MUNI 100 I SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. 1 .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the "Act") and Ontario Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as amended under the Act (the "Regulations") that may affect the performance of the Work, as the "Constructor"or"employer,"as defined by the Act, as the case may be. The Contractor shall ensure I that: a) worker safety is given first priority in planning, pricing, and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to carry out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and I Page 37 Rev.Date: 11/2006 OPSS.MUNI 100 I I f) all Subcontractors and their workers are properly protected from injury while they are at the Work Area. .08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. .09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator in writing of changes in the products to be used and provide relevant Material Safety Data Sheets. .10 The Contractor shall have an authorized representative on the site while any Work is being performed, to supervise the Work and act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pager, and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract, and update as necessary. .11 The Contractor shall designate a person to be responsible for traffic control and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract Administrator of the name; address; position; cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Working Area at all times. .12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. .13 The Contractor shall prepare and update, as required, a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the time specified in the Contract Documents. The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an updated construction schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated schedule shall show how the Contractor proposes to perform the balance of the Work, so as to complete the Work within the time specified in the Contract Documents. .14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. I .15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. I Page 38 Rev.Date: 11/2006 OPSS.MUNI 100 I I .16 The Contractor shall arrange with the appropriate Utility authorities for the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs prior to commencing the Work and in the event that there is a discrepancy between the location of the stake outs and the locations shown on the Contract Documents, that may affect the Work, the Contractor shall immediately notify the Contract I Administrator and the affected Utility companies, in order to resolve the discrepancy. The Contractor shall be responsible for any damage done to the underground Utilities and service connections by the Contractor's forces during construction if the stake out locations are within the tolerances given R in paragraph GC 2.01.01 a). .02 Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines, and benchmarks that are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced under the supervision of an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractor's expense. .08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor's expense. GC 7.03 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. I Page 39 Rev.Date: 11/2006 OPSS.MUNI 100 I 1 .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. I GC 7.04 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nuisance, mud, and ponding water, other than that caused by the Owner or others. GC 7.07 Maintaining Roads and Detours I .01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by construction, it shall be kept open to both vehicular and pedestrian traffic. .02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to the Owner, be responsible for providing and maintaining for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the111 Highway under construction. .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum. .04 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply de-icing chemicals or abrasives or carry out snowplowing. .05 Where localized and separated sections of the Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and, if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. I Page 40 Rev.Date: 11/2006 OPSS.MUNI 100 I I .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. 1 .10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .01 The Contractor shall provide at all times and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves, and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. 1 GC 7.09 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.01. i Page 41 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 7.10 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract I .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice,terminate the Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or I c) the Owner violates the requirements of the Contract. .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.11, the 111 Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the Contract. I GC 7.12 Notices by the Contractor .01 Before work is carried out that may affect the property or operations of any Ministry or agency of government or any person; company; partnership; or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected. .02 In the case of damage to or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. I Page 42 Rev.Date: 11/2006 OPSS.MUNI 100 I 1 GC 7.13 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage, or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract Administrator. 1 .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, 1 tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner, unless otherwise specified. 1 .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery, and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. GC 7.16 Warranty .01 Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, the Contractor shall be responsible for the proper performance of the Work only to the extent that the design and standards permit such performance. ' .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work that appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, i Page 43 Rev.Date: 11/2006 OPSS.MUNI 100 I I b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified in the Contract Documents for certain Materials or some of the Work. The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. GC 7.17 Contractor's Workers .01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and I whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the work and shall not be employed on the work again without the consent in writing of the Contract Administrator. GC 7.18 Drainage .01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. I I I 1 1 I 1 Page 44 Rev.Date: 11/2006 OPSS.MUNI 100 1 I SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities 1 .01 The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut-Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantity. Items where the notation (P) does not occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities .01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the Contractor under a unit price tender item may exceed or be less than the tender quantity, the Contractor shall proceed to do the Work or supply the Material or both required to complete the tender item and payment shall be made for the actual amount of Work done or Material supplied or both at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied or both which exceeds 115% of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of doing the Work or supplying the Material or both under the tender item plus a reasonable allowance for profit and applicable overhead. ib) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. I 111 I Page 45 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 8.02 Payment GC 8.02.01 Price for Work , .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment, and Material"shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not specifically detailed as part of any one item and without specified details of payment shall be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon i the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other Than Commercial (1) Granular A, B, BI, BII, BIII, M, and 0 shall be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. ii. Commercial Sources Payment for separated coarse and fine aggregates shall be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. Advance payments for other materials located at a commercial source shall not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract I Documents, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, I damage, theft, improper use, or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. I Page 46 Rev.Date: 11/2006 OPSS.MUNI 100 I GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate shall show, a) the quantities of Work performed; 1 b) the value of Work performed; c) any advanced payment for Material; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST, as applicable; and f) the amount due to the Contractor. .03 One copy of the progress Payment Certificate shall be sent to the Contractor. .04 Payment shall be made within 30 Days of the Cut-Off Date. GC 8.02.03.02 Certification of Subcontract Completion 1 .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. .03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on 1 which the subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 Following receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that shall release the Owner from all ' further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; i Page 47 Rev.Date: 11/2006 OPSS.MUNI 100 I I c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the 1 Contract Administrator specifically requests it. .03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract. .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Performance. .02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall issue a certificate of Substantial Performance and shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45 Day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. I GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance, the Contract Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial Performance Payment Certificate shall show, a) the value of Work performed to the date of Substantial Performance; , b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; I Page 48 Rev.Date: 11/2006 OPSS.MUNI 100 I I d) the amount of maintenance security required; and e) the amount due the Contractor. .03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to 1 the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion 1 .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate shall show, a) measurement and value of Work at Completion; I b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: Page 49 Rev. Date: 11/2006 OPSS.MUNI 100 I 1 a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest 111 .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract, including all 1 documentation requirements, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the dates set out below: a) Progress Payment Certificates: 30 Days after the Cut-Off Date; b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which t the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate; e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; and I g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date that the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation 111 requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest shall only begin to accrue when the Contractor has completed those requirements. I 1 Page 50 Rev.Date: 11/2006 OPSS.MUNI 100 I I GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits or procedure or both described by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the ' Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. ' .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in ' paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-Off 1 .01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. 1 .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. ' GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions t .01 For the purpose of clause GC 8.02.04 the following definitions apply: Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not include any payment or costs incurred for general supervision, I administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev.Date: 11/2006 OPSS.MUNI 100 I 1 Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word "associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking lots and includes all work incidentals thereto other than work on structures. Sewer and Watermain Work means the preparation, construction, finishing, and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time means any period of time that is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment, Including Model and Specification Reference, that is current at the time the work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, Standard Specifications and provisions of the Contract. Working Time means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GC 8.02.04.02 Daily Work Records .01 Daily Work Records, prepared as the case may be by either the Contractor's representative or the Contract Administrator reporting the labour and Equipment employed and the Material used on each Time and Material project, should be reconciled and signed each Day by both the Contractor's representative and the Contract Administrator. If it is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un-reconciled Daily Work Records with its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. 1 I Page 52 Rev.Date: 11/2006 OPSS.MUNI 100 GC 8.02.04.03 Payment for Work t .01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. ' GC 8.02.04.04 Payment for Labour .01 The Owner shall pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3,000, then at 120% of any portion of the Cost of Labour in excess of 1 $3,000. .02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of$3,000. GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost$10,000 or less-no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of$10,000; and c) Cost greater than $20,000-$19,000 plus 80% of the portion in excess of$20,000. .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by Page 53 Rev.Date: 11/2006 OPSS.MUNI 100 1 1 the Contract Administrator. This shall include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the 111equipment can be resumed. The Owner shall pay such costs as a result from such return. .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools 1 .01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material I Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first$3,000; plus ' b) 15%of the amount from$3,000 to$10,000; plus c) 5%of the amount in excess of$10,000. I .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis." Each summary shall include the Change Directive or Change Order number and covering dates of the work and shall itemize separately the labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary. Page 54 Rev.Date: 11/2006 OPSS.MUNI 100 1 .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. ' .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the work, including all cost of general supervision, administration, and management 1 time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. 1 .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work, and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the IWork, Extra Work, and claims arising therefrom for a similar period of time. .02 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work, and ' Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required,whenever requested by the Owner. I Page 55 Rev.Date: 11/2006 OPSS.MUNI 100 I GC 8.02.08 Taxes .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner shall increase or decrease Contract payments to account for the exact amount of tax change involved. ' .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of the Work. GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. 111I I 1 1 I Page 56 Rev.Date: 11/2006 OPSS.MUNI 100 A-1 AGREEMENT ' CONTRACT NO. 16083 ' THIS AGREEMENT MADE IN TRIPLICATE THIS 10th DAY OF July , 2017. BETWEEN: ' Municipality of Kincardine (hereinafter called "the Owner") 1475 Concession 5,R. R. 5 OF THE FIRST PART Kincardine, ON N2Z 2X6 - and- ILavis Contracting Co. Limited (hereinafter called "the Contractor") 37462A Huron Road,R. R.#2 OF THE SECOND PART ' Clinton, ON NOM 1L0 WITNESSETH That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and obligations herein set forth covenant and agree with each other as follows: ARTICLE 1 a) A description of the work is: ' Municipality of Kincardine,Davidson Centre Entrance Reconstruction, Contract No. 16083 b) The Contractor shall, except as otherwise specifically provided, at his own expense,provide all and every kind of labour, machinery,plant, structures,roads, ways, materials, appliances, articles and things necessary for the due execution and completion of all the work set out in ' this contract and shall forthwith according to the instructions of the Contract Administrator commence the works and diligently execute the respective portions thereof and deliver the works complete in every particular to the Owner within the time specified. ARTICLE 2 ' In case of any inconsistency or conflict between the provisions of this Agreement and the Plans, or Specifications or General Conditions, or Tender, or any other documents or writing,the provisions of such documents shall take precedence and govern in the following order; namely, 1 I A-2 a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings h) Form of Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings ARTICLE 3 The Contractor shall not without the consent in writing of the Owner(or the Engineer) and without restricting in any way the provisions of the General Conditions attached hereto make any assignment of any part or the whole of any monies due or to become due under the provisions of this contract. ARTICLE 4 The Owner covenants with the Contractor that the Contractor having in all respects complied with the provisions of this contract, will be paid for and in respect of the works at the tendered lump sum or unit prices after measurement approved by the Contract Administrator,the total which is presently estimated to be the sum of Four Hundred Seventy Eight Thousand Nine Hundred Eighty Seven Dollars and Thirty Nine Cents ($478,987.39) subject to such additions and deductions as may properly be made under the terms hereof, subject to the provision that the Owner may make payments on account monthly or otherwise as may be provided in the attached hereto. ARTICLE 5 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the Contract Administrator, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party or to the Contract Administrator at the following address: iB. M. ROSS AND ASSOCIATES LIMNED Engineers and Planners 62 North Street Goderich, ON N7A 2T4 ' Where any such notice, direction or other communication is given or made to the Contract Administrator, a copy thereof shall likewise be delivered to any agent of the Contract Administrator appointed in accordance with the General Conditions of this Contract and where ' any such notice, direction or other communications is given or made to such Agent, a copy thereof shall likewise be delivered to the Contract Administrator. 1 A-3 ARTICLE 6 ' A copy of each of the General Conditions, Supplemental General Conditions, Special Provisions, Addenda,Tender, Information to Bidders, and Supplemental Specifications is hereto annexed and together with the Plans relating thereto and listed in the Specifications are made part of this ' Contract as fully to all intents and purposes as though recited in full herein. ARTICLE 7 No implied contract of any kind whatsoever by or on behalf of the Owner shall arise or be implied from anything in this contract contained, nor from any position or situation of the parties at any time, it being clearly understood that the express covenants and agreements herein contained made by the Owner shall be the only covenants and agreements upon which any rights against the Owner may be founded. ' ARTICLE 8 Time shall be deemed the essence of this Contract. ' ARTICLE 9 The Contractor declares that in tendering for the works and in entering into this Contract,he has either investigated for himself the character of the work and all local conditions that might affect his tender or his acceptance of the work, or that not having so investigated,he is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work or any items thereof, more expensive in character, or more onerous to fulfill than was contemplated or known when the tender was made or the Contract signed. The Contractor also declares that he did not and does not rely upon information tfurnished by any methods whatsoever by the Owner or its officers or employees,being aware that any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. ARTICLE 10 The Contractor declares that in entering into this Contract,he shall uphold the obligations of the Ontario Human Rights Code,the Occupational Health and Safety Act,the Employment Standards Act,the Accessibility for Ontarians with Disabilities Act,the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, he shall uphold any obligations established by the Owner's policies which prohibit harassment/discrimination on a number of grounds including political affiliation and the level of literacy. ' WHERE LEGALLY MANDATED,the Contractor shall have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with his ' obligations and he shall have an internal process available for employees and service recipients to prevent, address and remedy discrimination,racism,harassment,hate and inaccessibility complaints. The Contractor agrees that he shall,upon request by the Owner,provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the Owner to determine compliance. The Contractor acknowledges that failure to demonstrate ' compliance with this declaration,to the satisfaction of the Owner, may result in the termination of the contract. I A-4 I ARTICLE 11 IThis contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of their proper officer, as the case may be. I IFOR THE OWNER: I 'i � 1 Anne 6a/ie , Pkv✓' Chu I S I Signature Name Title - ate II/We have the authority to bind the corporation. cxfirt ...._„_ I c-5.i Q,/0 , . _ L jAt 4 25 7 7 Signature Name Title Date II/We have the authority to bind the corporation. I FOR THE CONTRACTOR: I / l' j)T--,,772 E,,-� ,e /-,z, '7Z -j,„2 e l /p� [ " yr /p� ay Cy zJ/iI �! AAlrSign . Name Title Date I/We have the authority to bind the corporation. ISignature Name Title Date I I/We have the authority to bind the corporation. I 1 Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\A1-4-15Aug8.docx I Page 1 MUNICIPALITY OF KINCARDINE NOTICE TO ALL CONTRACTORS CORPORATE STATEMENT OCCUPATIONAL HEALTH AND SAFETY ' The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees' visitors, guests, contractors, agents and others on our premises. Accordingly, a corporate health and safety policy and procedure manual has been adopted and implemented and shall be adhered to. i ALL CONTRACTORS SHALL: ' 1. Demonstrate establishment and maintenance of health and safety program with objectives and standards consistent with applicable legislation and with the Municipality of Kincardine's health and safety policies and requirements. 2. Submit a copy of past accident records and Worker's Compensation Board Number. 3. Include health and safety pmanagement in their mana ement sYstems to reach and maintain ' consistently a high level of health and safety. 4. Ensure that workers in their employ are aware of hazardous substances that may be in use at their place of work and wear appropriate personal protective equipment as may be required. 5. Upon request at any time from award to completion of contract, submit proof of ' fulfilment of above responsibilities. 6. Must comply with Workplace Safety Insurance Board(WSIB)premiums. 7. The Contractor shall sign-off on the corporate occupational health& safety form stating 111 his agreement to comply. Your co-operation and assistance in this matter is appreciated and vital to the Health and Safety of all. 1 IY:\Project_Mgmt Resources\Forms_Templates\Contracts\Contract Documents\KINCARDINE F I Page 2 MUNICIPALITY OF KINCARDINE OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM I have read the"Municipality of Kincardine, Notice to All Contractors, Corporate Statement of Occupational Health and Safety"and agree to comply with it. AI 11 411 /r7 /- Contr. to s Name Date I I I I I I 1 Y:\Project Mgmt_Resources\Fonvs_Templates\Contracts\Contract Documents\KINCARDINE f I ' CONTRACT RELEASE (IN THE MATTER of a contract,known as Contract No. ' (entered into between ( . the Owner ( AND ( the Contractor (dated , 20_ (for the construction of (in , Ontario. KNOW ALL MEN BY THESE PRESENTS that I/We (name of Contractor,in full) for and in consideration of other good and valuable consideration paid by the Owner,have ' remised,released and forever discharged, and by these presents do for myself/ourselves, my/our heirs, executors, administrators and assigns or successors and assigns, as the case may be, remise,release and forever discharge the Owner, its successors and assigns, of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, claims and demands whatsoever at law or in equity which I/We ever had or now have, or which I/We or my/our heirs, executors, administrators or assigns or successors and assigns, as the case ' may be,hereafter can, shall or may have by reason of the above-mentioned Contract, save and except any claim which I/We have arising out of; 1) the retention by the Owner of the maintenance holdback of the Contract price; ' 2) any sum retained by the Owner against the cost of uncompleted work; 3) (if none, state "none") IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED ) ) ) ) )) ' Witness or Company Seal Date Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Contract Release 15Jul15.docx I STATUTORY DECLARATION RE:LIENS,LIABILITIES &PAYMENT OF ACCOUNTS DOMINION OF CANADA IN THE MAl"1ER of(a contract,known as PROVINCE OF ONTARIO entered into between( the Owner AND( the Contractor dated( ,20_ for the construction of in( ,Ontario. 1 TO WIT: I, of in the Province of ,do solemnly declare: ' 1. That I am of the (President,Secretary,Treasurer,a Partner,etc.) Contractor named in the Contract above-mentioned and as such have personal knowledge of the facts hereunder declared. 2. That the said Contractor has complied with the terms of the Construction Lien Act,R.S.O. 1990, c.C.30 and amendments thereto, and with the requirements of statutes and regulations of the Province of Ontario relating to the payment of fair wages. 3. That with the exception of accounts listed below,and amounts held back and amounts deferred by ' written agreement,all liabilities incurred by the said Contractor arising out of work performed have been discharged. 4. That the following is a complete list of disputed accounts: Name&Address of Creditor Service Rendered Total Claims($) Amount in Dispute Amount Paid($) 1 1 (If there are no accounts, enter "NONE" above) 5. That all persons who have placed or furnished any material or things to be used in connection with the above Contract have been fully paid or their claims have been settled in respect of such work, service,materials or things and there are no liens,garnishees, attachments or claims relating I thereto. 6. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have discharged all liabilities which they incurred in respect thereof. 7. That all claims for damage to property or injury to persons of which the above-named Contractor has received notice have been fully paid or settled,except for the following: Claimant Description of Amount of Amount Paid($) Claim Claim($) I (If there are no accounts, enter "NONE" above) Y:\Project Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Statutory Declaration 16May19.docx Page 1 of 2 I 8. That the above-named Contractor has not had any notice of any grounds for a claim(other than I those covered by paragraph 7 above)connected with this contract by a third party and for which a claim might be made and I believe that no such claim will be made. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of"The Canada Evidence Act". I DECLARED before me at the of) in the County of ) this day of ) A.D. 20 ) I A Commissioner,etc.or Notary Public I I 1 1 I I 1 I 1 1 Y:\Project_Mgmt Resources\Forms_Templates\Contracts\Contract Documents\Statutory Declaration 16May19.docx Page 2 of 2 I - Varies 1.5m min Amin Slope as specified Note 2 BOULEVARD Concrete 2 to 8% Slope 2 to4% sidewalk 2 t_ 10% — f-- Av R5 125mm R5 ''\_ Subgrade or granular INote 1 base as specified TYPICAL SECTION I 51r 5 • Y'v : . c m o.. 1 : v Y • ►• • •0 • v.•e � t-- 5 • • • ' Curb and gutter Expansion joint material II DUMMY JOINT (OPTIONAL) Sidewalk BOULEVARD R0.5m ra Typ Notmep 3 1 5-1r i 0,257 "MIIIMMINEIRAk a ' '. n.'. . e } 1.5m I-- �':. . .. ' u ° Typ Expansion�,El , a ~ joints o •'.. e. 0 II Sidewalk bay IV I CONTRACTION JOINT Dummy iin R5mm joints I '. .TYP 5 Typ • a co• • — Contraction o d : CO c 3 joints, Typ III . a . •/ '. L f II JOINT LAYOUT I --I ---- 12mm expansion joint material EXPANSION JOINT I NOTES: 1 Sidewalk thickness at residential driveways and adjacent to curb shall be 150mm. At commercial and industrial driveways, the thickness shall be 200mm. 2 Sidewalk width shall be wider when specified. I 3 This OPSD shall be read in conjunction with OPSD 310.030, 310.031, 310.032, 310.033 and 310.039. A All dimensions are in millimetres unless otherwise shown. IONTARIO PROVINCIAL STANDARD DRAWING Nov 2015 I Rev 12 fe,stwel 01'1' 1 CONCRETE SIDEWALK OPSD 310.010 I 1 min Note 2 Expansion joint Finished road material 1N r_Slope 2 to 4% ote m surface ? •I. 0 ° :a. A • v ° • •• :• r. : , '., I ' ? R5 Concrete sidewalk R5 eL Subgrade or granular base as specified I Curb and gutter as specified I 51 5 TYPICAL SECTION r 3r., .4: c (1)i o • . ••. .• • v ••,.•. . d. ~ o • - ' . . . Curb and gutter Expansion joint material rial - - - ' Note 3 DUMMY JOINT I 5-1r r0.25T -I Typ.5m � i Contraction St' I N 0joint g a Expansion d o.: F rn joints --.4441 CONTRACTION JOINT Sidewalk bay151 1 R5mm 5 Typ Dummy joints ini b '• ••T co Y Typ di 3 C m qi' ° 'LE0a', Contraction I- o joint 111 —I I— 12mm expansion JOINT LAYOUT joint material EXPANSION JOINT I I NOTES: 1 At commercial and industrial driveways, the thickness shall be 200mm. 2 Sidewalk width shall be wider when specified. 3 This OPSD shall be read in conjunction with OPSD 310.030, 310.031, 310.032, 310.033 and 310.039. I A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2015 I Rev 12 o &A/v.0 I CONCRETE SIDEWALK c 7),). ADJACENT TO CURB AND GUTTER I OPSD 310.020 I I IOtotsigna,1 Aleof pedestrian pole and footing, Typ Raskc ? ---V4S*C4 ')?. to a co fiffp 1_2_, E 0) 0) V\;‘,4* <-:I->' 1274A, .u2 ti?-' --y,-,?..,-Nolota I ! •-,,,411,40.::: j1 v44 I �. ; Crosswalk �% I marking, Typ i Curb with gutter Through street Dropped curb, Typ as specified, Typ I DOUBLE RAMP WITHOUT BOULEVARDThrough street , Os DOUBLE RAMP WITH BOULEVARD Expansion joint, Typ I Nir I • N` The plates shall extend the entire width of Soo'�•`` the sidewalk ram at a minimum length of 610mm 6> in accordance with OPSD 310.039 g I RAMP PLAN Accessible pedestrian signal pole, —IE 350mm ±75mm OPSD 2558.000, Note 5 50mm min clearance between edge of ramp and edge of footing 1 Concrete footing, OPSD 2200.041 ' Back of sidewalk I Allill Not11rA111:111116 Gutter AllallNOS 3 Note 3 L1.5m _I 1.22m min I 1.5m Taper Dropped curb Taper Dropped curb with RAMP ELEVATION gutter as specified 1.4m ±75mm I integral with ramp, a Ramp – 2.0m min 1.2m min Note 4 w_ Finished road L° 150-200 --Slo•e 2% to 2.5% ' —Slo•e 2% to 5% surface . �� --Note 1 I d Expansion joint ° °• material, Typ a .•. IA • • ° • 4' °- • :' Sidewalk Ramp Tactile walking surface 200mm min, Note 6 200mm min indicator, OPSD 310.039 RAMP SECTION I NOTES: 1 Slope of ramp shall not exceed 8%. 2 Cross slope of ramp shall not exceed 2% in either direction. I 3 Cross slope of flared side of ramp shall not exceed 8%. 4 Dropped curb at ramp shall be modified to eliminate 30 mm step at gutter. 5 Accessible pedestrian signal to have tactile arrow that aligns with direction of crosswalk. 6 Minimum thickness of ramp is 200mm. Minimum thickness of sidewalk and flared sides adjacent to ramp is 150mm. A Where only one crosswalk is present at an intersection, only one curb ramp is required. B All dimensions are in millimetres unless otherwise shown. I ONTARIO PROVINCIAL STANDARD DRAWING Nov 2015 I Rev I 1 to a4,N CONCRETE SIDEWALK RAMPS AT0..„/ I SIGNALIZED INTERSECTIONS OPSD 310.030 I I 610 i Length (See Note 2) /--Cast ironP late with tactile walking surface indicators 1 ::0000000000o: I ..94****4>.°P444(>44°..: I "-94,44(>40,94+4(>4494>4.4c" 00®00®0000 ..07.70770707740707:7<> ® f� III ® ® opo o c o c o I v ,0.,0 .4..0.. 0.44040* Vent, Note 1 Truncated dome Detail A Typ Typ PLAN I loll Ell ELEVATION \L Ribs as specified by manufacturer 55mm ±14mm 18mm ±6mm f i 29mm ±7mm, typ �&I runcated Dome T / \ 1 7-----\ 4mm +1 mm T 55mm ±14mm '-8mm min At O O - ?A SECTION A-A DETAIL A I TRUNCATED DOMES PLAN NOTES: I 1 Vents shall be as specified by the manufacturer. 2 Length of plate may be increased to suit the curb depression width. A Adjacent cast iron plates shall be permanently connected using a locking mechanism and any hardware shall be hot dipped galvanized. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2015 I Rev I 0 o so IIKIA I CONCRETE SIDEWALK RAMPS kV: TACTILE WALKING SURFACE 1/41<< I INDICATORS COMPONENT OPSD 310.039 IIII NM NM MI O V I N 111111 NM MO MIII — I MO MN M B M - '- 820 - A 25--{ r- I` 11-- ---40 Size and spacing, Typ 51 `_+ j_ Le� 0 2req d 33 --- 51 p p �ij��+i �' Pd }� --PI-38 i 3�{I� � � _ 1 _ 44-- II N 01,9 N I--86 a — 0—'8 i 571_ '� L El a) N -151 N L] LLThI } Bt a, �L-_I= _TB 7–E. - 49 F- o - N -- 102 F-- cv 76 76 C �C MIDN 000000 11 CD CD -- 102 ra —151 n Ec 1 .. 11 - 0 - 00_ c7.42f f } u L7-52_,' _i N I 19mm dia hinge pin 41111/ 20 Hoisting hook rib, A 20mm, Typ o GRATE PLAN Typ, OPSD 400.001 FRAME PLAN SECTION A—A 612 657 MIr 33mm, Typ --151 -- 17 623 1F- 17 -1_ F11 W U U W U N t° See Slot Detailtie 32 rn ``� f --1499 -.-I I--15mm,Typ 40—I-1-9 U7 N 1,111Pr =1 2 2 r% vii _ i NOTES: SECTION C—C --I 105 I 610 1105 1--I A This OPSD shall be read in conjunction with OPSD 610.010 and 610.020. ,15r-- SECTION B—B B All dimensions are in millimetres unless otherwise shown. I ref-54\ 29 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2013 I Rev 21T $ imm48 CAST IRON, SQUARE FRAME WITH �OM R14.5 SQUARE OVERFLOW TYPE FLAT GRATE FOR SLOT DETAIL CATCH BASINS, PERFORATED OPENINGS OPSD 400. 110 .0 .0 U U w o Dropped curb at 0 43 o entrances 0 o Typ I°- — 100mm 4 —Thickness 25 -- - 300 - 50 --150 Note 2 25 --1 300 50 r150 1 of sidewalk I Typ Typ e 1 — ,p2 �4j i E �t I S • • .o . .v v :v o Ed' toi:. • •S ' ' : . . ' . •f of z Ed i •. v. > N i MZ E .., v.. No moi . v. No �1 ... • : :v. Note 3--: . c.iz T J v v I . . •a .• Note 3 ---- :.I N Z T allote 3 v . v For flexible 500 1 L— 50 1 500 L0L pavement For rigid pavement Typ 25x75mm keyway —Additional width when centred in concrete sidewalk is adjacent base — Note 3 and 5 to curb — Typ TANGENT SUPERELEVATED LEGEND: S — Rate of pavement superelevation in percent, %. NOTES: 1 Flexible and composite pavement shall be placed 5mm above the adjacent edge of gutter. 2 When sidewalk is continuously adjacent, the dropped curb at entrances shall be reduced to 75mm. 3 For slipforming procedure a 5% batter is acceptable. 4 For composite pavement the depth of concrete curb shall be adjusted to depth of concrete pavement. 5 When tie bars are specified, refer to OPSD 552.010 and 552.020 for details. A Treatment at entrances shall be according to OPSD 351.010. B Outlet treatment shall be according to the OPSD 610 Series. C The transition from one curb type to another shall be a minimum length of 3.0m, except in conjunction with guide ONTARIO PROVINCIAL STANDARD DRAWING Nov 2012 Rev[2 Tavo rail where it shall be according to the OPSD 900 Series. D All dimensions are in millimetres CONCRETE BARRIER CURB I kr,i8 unless otherwise shown. WITH STANDARD GUTTER meq_ OPSD 600.040 N I IMO N M — SIM NO fly MI MIN MIN MN III 1.1111 all I r all I I I — Dropped curb Iat entrances 150 —1 —Thickness of sidewalk f 45 I Finished road to �� � : o`z surface y -- 0` • • o o Lo N : Note 2 --• : III I- 250 ISOL \\. Additional width when sidewalk Iis adjacent to curb I I NOTES: I 1 When sidewalk is continuously adjacent, the dropped curb at entrances shall be reduced to 75mm. 2 For slipforming procedure a 5% batter is acceptable. I A Treatment at entrances shall be according to OPSD 351.010. B Outlet treatment shall be according to the OPSD 610 Series. C The transition from one curb type to another shall be a minimum length of 3.0m, except in conjunction with guide rail I where it shall be according to the OPSD 900 Series. D All dimensions are in millimetres unless otherwise shown. I ONTARIO PROVINCIAL STANDARD DRAWING Nov 2012 I Rev 12 0 N I CONCRETE BARRIER CURB 4.41. OPSD 600. 110 I A 0 Saw cut Semi—mountable or Back of curb or joint, Typ mountable curb with gutter EP Hot mix Curb Barrier curb with gutter r_---I Mortar tl�' lilil _1 ' 1 ' 1 ' 1 ' See Details 20mm max Face t below 5 Typ of curb D O .I[ �� � a % Gutter Imo///. %///A Adjustment units, ��///� r. OPSD 704.010 •. '}:A '• ••• • • o. ° "1.-; Granular B O 1 B baset SECTION A-A Frame with grate----//// A 4 Pavement--/ 125-- .e . •—Gutter line PLAN ;. e 10 : • • Saw cut Top of curb Taper: length 150mm max Top of e • .: , b , or joint, Typ depth 5mm min pavement— .1' '7:1 'Ala C. ' ..: . I Typ • I •--Hot mix Z. ������ \ S BARRIER CURB SEMI—MOUNTABLE or MOUNTABLE Typ % \� CURB WITH GUTTER • . ' .. ..>���I, DETAILS - .. • ,. , >\:. :.•:_ •:. .••-•: . :: --25 ;it a'. ' •o F—Gutter line 10. NOTE: SECTION B-B Granular base . - ° A All dimensions are in millimetres unless otherwise shown. • ONTARIO PROVINCIAL STANDARD DRAWING Nov 2009 I Rev I 1 CATCH BASIN FRAME WITH GRATE :V7)4, "" E INSTALLATION AT _ , BARRIER CURB WITH GUTTER CURB WITH GUTTER OPSD 610.010 so n — m NM M all S — in NW MB S I S N M I i MB IN IIIIII N NM AI O MN Ma NM MI N AN ON I S MS OM N Pavement Curb with Pavement Curb with gutter 'I - I gutter 1 Grate reference elevation Typ I .rl f ,17 Frame to be rr-i—t—'n 1 rr1— --n Standard frame rr-- --n j set in a full rig—I _� 450mm r�.j—� _ice// mortar bed with grate "_ i _� p��p maximum to 0�1♦El Typ Typ I10�MIMIEN psmaEll first step 11:111111M p p 11111111 EN 101 111111111 EN Typ TalINIMIIIIIIIIMI ME EN 0 Note 1 511 MOMMI� Adjustment units: --� minimum of one maximum of three I Typ 300mm First adjustment unit Typ to be set full mortar bed, Typ SECTION THROUGH SECTION THROUGH SECTION THROUGH TAPER TOP FLAT CAP CATCH BASIN Reinforce each adjustment unit with a minimum of 1 wire with an end area of at least 15mm2. Lap wire 150mm or butt weld. Note 2, Typ - Round or square Maintenance hole step frame with grate or cover Note 1 \ 1 Adjustment units for units— maintenance holesAdjustment with round openings. I-Note 3 i for catch basins L Available in sections with square or continuous units. - - -- openings. Use butyl tape r r Available in between units. 1 1 Note 3 sections or continuous units. Use butyl tape C-1.) C:D between units. Taper top Flat cap 11.01.1. Riser section 11111<>0 Catch basin NOTES: 1 If first step is in an adjustment unit, the adjustment unit shall be of the A Adjustment units shall not extend beyond the outside edge of the structure. type manufactured with a step in place. B All dimensions are in millimetres unless otherwise shown. 2 Centre reinforcing in adjustment ONTARIO PROVINCIAL STANDARD DRAWINGNov 2014 I Rev 1 3 l sa1 unit ±10mm. 3 Round and square adjustment units PRECAST CONCRETE ADJUSTMENT UNITSICIPikt-vveareavailable in sizes of 50, 75, "��, p 100, 150, and 300mm. FOR MAINTENANCE HOLES, CATCH BASINS, -Pie AND VALVE CHAMBERS OPSD 704.010 I A `150mm 1 overlap, Typ ALTERNATE STANDARD HEIGHTS -�- } ALTERNATIVE DIMENSION A 1980 B —-—-—-— B B 1530 C 1520 - WWR t—ri----rr--. 185mm 2/m D 1380 each way A I PLAN 830 830 115 4r 600--1 115 115 r— 600--1 115 2 - • i . • y E o F — , i s � • .-. I Knockout-�a , • °• 0 °' s L Typ :� 116:10, Note 2 .1................... x Note 2 . 250 v • a c v a� 111 o :° v' v C WWR £ m 0 0 185mm2/m o 0 0 E co E °•- Outlet hole ••:i E each way N to i- E Note 1E 11 a to T In T O E ` ^- 300mm L o U all sides o •. . Typ I o L'. . . .. •. .. › .-jam_-�._ I Granular SECTION A–A bedding SECTION B–B I NOTES: 1 Outlet hole size 525mm diameter maximum, C Frame, grate, and adjustment units shall location as required. be installed according to OPSD 704.010. 2 200mm diameter knockout to accommodate D Pipe support shall be according to OPSD 708.020. subdrain. Knockout shall be 60mm deep. E All dimensions are nominal. A Centre reinforcing in base slab and walls F All dimensions are in millimetres ±20mm. unless otherwise shown. B Granular backfill shall be placed to a minimum thickness of 300mm all around the catch basin. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev 13 /�°sr , 1 (Cato ; PRECAST CONCRETE CATCH BASIN *1P)_ sooXsoomm OPSD 705.010 I Nr - MN - V - M - M - s r M - I M r E ONO PIPE IN SUPPORTED - PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION Finished surface —� EXCAVATION i,,-- Finished surface EXCAVATION w� _ Note 4, Typ - �— Subgrade —� - 0.50 Permanent \ or temporary \ : •.•;%:::: • - • - y •';:::"..% .% _ o~ support system— ':,'..i...:,...:-:1,., , - •_3.;_ _ '' ;%; - EMI TYP ',.t.**":"-"..;" ~y . zj1 1 = ':.,, ' o,a> �- `` : :� 1 Backfill material15 1 ,.e.:";•:.-77.,"_ ' � "� .' `. Z \ Nopipete culvert frost treatment ' ':.' `: 1 5 Clearance J T \ Typ�m min':' • .. :: YP See table. T \`• .. : . 0 II �,.• E 300mm min 0DoE ,' ,.. 1 \ TYPE 1 OR 2 TYPE IJ15Omm \:: • .: min, TYP \ SOIL SOIL 0.50 0.50 0.50 \ Bedding grade Note 2 Note 2 PIPE IN SUPPORTED PIPE IN UNSUPPORTED EXCAVATION EXCAVATION Finished surface LEGEND: D — Inside diameter 0.50 Subgrade NOTES: +''j ,i• ,},.-_-1;':'' =_ �•-- - , 1 Height of fill is measured from the finished surface to top of pipe. \', •• • '- 1.5 = • - 2 The pipe bed shall be compacted and shaped to receive the bottom \''•• 0 Q1;.. T 3 \ .. Backfill material of the pipe. \ r. : • For pipe culvert frost 3 Pipe culvert frost treatment shall be according to OPSD 803.030 .. treatment, Note 3 and 803.031. 4 Condition of excavation is symmetrical about centreline of pipe. ( Bedding grade CLEARANCE TABLE A Granular material placed in the haunch area shall be compacted 0.50 InsidePDiameter Clearance prior to placing and compacting the remainder of the embedment 0.50 TYPE 4 mm mm material. Note 2 SOIL 900 or less 300 B Soil types as defined in the Occupational Health and Safety Act and Regulations Over 900 500 for Construction Projects. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 �Rev� 3 tosT\C All dimensions are in metres / �.h..•\ unless otherwise shown. FLEXIBLE PIPE1. EMBEDMENT AND BACKFILL -� EARTH EXCAVATION OPSD 802.010 I I — 6000 and 9000mm opening — Tatepost cap YP Gatepost GateFrame member • Top rail or Note 1, Typ 1 . Note 1, Typ /Typ . li top wire, Typ ♦.•.,1�' ♦♦♦♦♦♦♦ Internal brace ' I • ♦♦♦♦♦ ti� �� ♦� ♦♦♦♦♦ • ♦♦♦ •,...:• , .♦♦ ♦♦♦♦♦ 31.8mm min ♦♦♦ ♦♦ •••••4 I 1 Gate fabr ♦♦ ♦♦� ♦♦ I Typ • Typ lic ♦♦♦ t ♦ ► _o _ I co ♦ Hinge bolt Typ I I ••I !et* ♦♦♦♦i!— *4.4I , •♦♦♦♦♦♦ � *♦• ♦♦♦♦, ►♦ ♦♦ ♦♦♦♦♦ i►♦♦ I Ground line I I I I Typ 1 I Drop bolt I I I I i1 1i 40-75mm clearance i I I I I I I I I Steel gate centre rest 1 1 1 4 N_Footin IUI I 1 IU g I L_J L__1L_J Note 1 Typ DOUBLE SWING GATE OPENING I —3000 and 4500mm opening— IFrame member, Typ Gatepost cap, Typ Gatepost • Gate • Note 1,Typ ■ Note 1 M Top rail or top wire, Typ 41 14 ♦♦♦♦♦♦♦ 1E1.:.♦ ♦� ►♦♦♦♦♦ ►♦• 0 1 r Gate fabric A —II0 co 11 Hinge bolt I II /L Internal brace I TYP 31.8mm min ♦ 44I '�i Typ II ♦♦♦••♦•••♦• �►� . II Ground line— 1 1 I I `40-75mm clearance 1111 1111 1 1 U 1 1 UFooting L....--1L_J Note 1 TypI SINGLE SWING GATE OPENING I NOTES: 1 For footing details and Gate and Gatepost Details Table refer to OPSD 972.132. A Gates as viewed from the roadway. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2012 I Rev 12ST , I •� 1. II FENCE, CHAIN-LINK ( kY ) COMPONENT - GATE OPSD 972. 102 I V IIIIII 111111 i OM MO all N' W OM OM M 111111 11111 — NO MI MI — Terminal 3000mm max 3000mm max o post cap ii Identification plate Barbed top edge 42.2mm OD toprail Terminal post , fasteners 500mm OC ::::-..,,,,ii,..,..,;.Vi= =vv.;.,;.vvv 'i'i. ... 's'. •• � • Fence fabric .❖� ;•.. Brace band •., . . Ill'':.• Brace rail •,;, Typ O :::$ 42.2mm OD :;� Line post, Typ it >•. •.�� Tension II • ❖•',', Tension bar .•••.::: Rail end Fasteners bands ❖. ,. 400mm OC �' •' 400mm OC Brace band 11::.. Turnbuckle Knuckled •., ;. Typ 1�,,.= 1�I bottom ed•e ,O,•;:,,;• Ground line I I I I Bottom wire I II I 40-75mm I II I Footing I U I 500mm OC I U I clearance I u I —Notell 1p LJ LJ I_—.1 CHAIN-LINK FENCE WITH TOP RAIL Line post cap Terminal 3000mm max 3000mm maxNote 1 o post cap ii Turnbuckle I Top wire fasteners Barbed top edge Terminal post J Identification plate 500mm OC ti ♦ .0 •...: •.• •••• •• Brace band II I".• •••D." k•••• Fence fabric ••••.',' t•••• Typ fir*. Brace rail •, ,, • ,pc' O p' :$ 42.2mm OD . Line post, Typ A Tension $ II'>•' ••••"'0n bands Tension bar 4.,::• Rail end II •• ,• Typ Fasteners '1 400mm OC IIS► •••' '' tl 400mm OC 1111I••• Turnbuckle Knuckled •;,;;. Brace band II.��.• il bottom ed•e .:••":. Ground line Typ II II ii IIII Bottom wire I II I 40-75mm I II I Footing IUI fastened 500mm OC Iull clearance i U Tdr yopte 1 LJ LJ LJ CHAIN-LINK FENCE WITH TOP WIRE NOTES: ONTARIO PROVINCIAL STANDARD DRAWING Nov 2012 IRev I 2 sr , 1 For footing details and line post ,440.,! ; cap detail refer to OPSD 972.132. yi.,AFence as viewed from the roadway. FENCE, CHAIN-LINK � iiilL B All dimensions are in millimetres - unless otherwise shown. INSTALLATION ROADWAY OPSD 972. 130 60.3mm OD post 88.9mm OD post Post 114.3mm OD post Post Post Domed concrete Domed concrete Ground line Ground line Nr " ' Post EOverburden E Top of wall Concrete cRock 0 o E ._ !r..-- Rock line line o31 r Overburden M E „ • • I Steel post sleeve 25-50mm co 50 I i If drilled, use `r : , , : ,� o see table i non-shrnk E j ; * • Non-shrink J __ cement grout E c i ; Non-shrink : :; cement grout 250 OD+25mm If excavated 53 E ; i cement grout i %an•:7 6.4mm thick steel -- 350 - See Detail A X-I or blasted, ") i ..• e_ plate cap welded - 450 - use concrete 50 to steel sleeve X DETAIL B ��"`-OD+25mm FOOTING IN SHALE, LOOSE DETAIL C DETAIL D DETAIL A OR FRIABLE ROCK OR SOLID FOOTING IN SOLID ROCK FOOTING IN FOOTING IN EARTH ROCK WITH MORE THAN 450mm LESS THAN 450mm RETAINING WALL OVERBURDEN OVERBURDEN Hog ring Fence fabric Fence fabric Line post Two or top rail \Aci 360 degree turns Wire tie 1111 1111111= Fence fabric ill ll'� Fence POST DETAILS TABLE (Note 1) Top or bottom /\ fabric tension wire Post/Frame Member Type OD Post Length Wall Nominal MANUALLY FASTENED Standard Retaining Thickness Weight HOG RING TIE DETAIL WIRE TIE DETAIL m Wal mis (Noe 2) Line post Line post 60.3 2.6 2.0 3.91 5.4 or top Bend down rail Wire tie ykr,, Terminal Post 88.9 2.9 2.3 5.49 11.3 after twisted IIP Gates Gatepost 88.9 2.6 n/a 5.49 11.3 010 (Single 3.Om, Frame 42.2 n a n a 3.56 3.4 Double 6.0m / / "/ ( _ i ) Members r �' Gates Gatepost 114.3 2.9 n a 6.02 16.1 Fence fabric i p / (Single 4.5m, Frame 48.3 n/a n/a 3.68 4.0 62mm ID Double 9.Om) Members POWER FASTENED LINE POST CAP Post Sleeves Line Post 88.9 n/a 0.455 5.49 11.3 WIRE TIE DETAIL DETAIL Terminal Post 114.3 n/a 0.455 6.02 16.1 NOTES: ONTARIO PROVINCIAL STANDARD DRAWING Nov 2012 IRev I 0 r 1 All posts and frame members are �dow: . Schedule 40, Regular Grade, steel pipe. 2 The actual weight shall not vary by FENCE, CHAIN-LINK .,..0 more than 10% of the nominal weight. ��, ... A All dimensions are in millimetres DETAILS AND TABLE OPSD 972. 132 unless otherwise shown. - - Mr OM OM 111111 S N NM N all r - AN 011111 - MI MB 01111 I I TO MATCH SIGN DIMENSIONS I4-20M REINFORCING BARS 15M REINFORCING BARS 11 . �� ® 300 CTS ELECTRICAL CONDUIT I EX.150mm SQUARE METAL 1 PLAN VIEW HSS COLUMN J BOLT, GALVANIZED OR 35 mm Min. STAINLESS STEEL ROD CLEARANCE ANCHOR BOLTS MIN I — EMBEDMENT 500mm. 20mm CHAMFER NON SHRINK GROUT — I•I .•. — �_20M REINFORCING BARS, 't EQUALLY SPACED. I 0 ✓'/ 70t20mm COVER M FINISHED GRADE / i /-7-77-7-/ I NOTES: I 1. WORK TO BE DONE IN ACCORDANCE WITH THE LATEST REVISION OF ONTARIO PROVINCIAL STANDARD `i SPECIFICATIONS. I 2. POLE BASE IS TO BE CAST CONDUIT AS PER AGAINST NATIVE SOIL OR ELECTRICAL DRAWINGS BACKFILLED WITH COMPACTED 4-20M REINFORCING GRANULAR "A". BARS EQUALLY I 3. CAST IN PLACE CONCRETE SHALL SPACED, MIN 100MM SATISFY CSA EXPOSURE CLASS C-1 CLEAR COVER WITH 28 DAY CONCRETE STRENGTH OF 30MPA AS PER OPSS-1350 Z .NN15M REINFORCING SPECIFICATIONS. BARS AT 300 CTS I 4. REINFORCING SHALL BE NEW BARS o SONOTUBE FIBER TUBING WITH A YIELD STRENGTH OF 400 ci OR APPROVED EQUAL MPa. 5. ASSUMED SOIL BEARING PRESSURE CONCRETE I IS 150 KN/m . 6. CONCRETE BASE TO EXTEND A MINIMUM OF 300mm ABOVE 4 DRILLED HOLES FINISHED GRADE, OR AS STATED _ _ CENTRED 45mm FROM ELSEWHERE IN THE CONTRACT THE EDGE (TYP.) I DOCUMENTS. 7. CONCRETE FOOTINGS TO BE PLACED EX. COLUMN AS PER PLAN LAYOUT. DIMENSIONS TO MATCH EXISTING SIGN. — — 6mm FILLET WELD I 8. ANCHOR RODS TO BE PLACED IN AROUND HSS WET CONCRETE AND HELD IN PLACE VIA A TEMPLATE, UNTIL CURED. COLUMN • �9mm 1 , 300X300 I 600 MIN SQUARE ELEVATION VIEW BASE PLATE IMunicipality of Kincardine CONTRACT No. PROJECT No. I ((Pe' R0SS 1 FIGURE No.16083 Davidson Centre Entrance Sign Pole Base Detail SCALE engineering better communities 1:20 1 I I 1 ,e, _ _ Wb-3 n � \ 90x90 I.1 , ill Wb- 102 75x75 Table 3 — OTM Book 6 Minimum Advance Placement of Condition A Warning Signs Posted Speed Minimum Advance (km/h) Distance (m) 30 115 40 140 50 195 60 225 70 250 80 280 90 310 100 335 NOTES: 1. LOCATION OF Wb-102 AND Wb-3 SIGNAGE TO BE AS PER ONTARIO TRAFFIC MANUAL BOOK 6 — WARNING SIGNS. THE OFFSET DISTANCE TO BE BASED ON POSTED SPEED, WITH SIGNAGE LOCATED ACCORDINGLY. BMROSS STANDARD DRAWING DATE OF REVISION-June 2006 ■�■ i` New Traffic Signal SignageB �0�� SCALE:N.T.S. ,* engineering better communities Wb-102 and Wb-3 DRAWING No. 2500 i I w a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ti = • fr a 0 I I I Municipality of Kincardine Specification for NEMA TS2 Type 1 Traffic Signal Controller Assembly IPedestrian Signals I I I I I I 1 1 1 110 Travail Road MEC®N®LITE Markham,Ontario Canada 1-800-661-7226 L3S 3J1 Solutions that Move the World I - 7-f if.„5 4 - 1 CONTENTS I 1. Introduction 3 ' 2. Cabinet Design and Construction 3. Terminals and Facilities/Main Panel Design and Construction 4. Power Panel Design and Construction 5. Auxiliary Cabinet/Power Bus Assembly Equipment 7. Cabinet Test Switches and Police Panel 8. Auxiliary Devices 9. Testing and Warranty 1 I I I 1 I I I I 110 Travail Road �EC®NOLITE I Markham,Ontario Canada 1-800-661-7226 Solutions that Move the World® L3S 3J1 I 1. Introduction For pricing and delivery inquires contact Econolite Canada, William Greenham 416-809-0141 wgreenham@econolite.ca or 1-800-661-7226 at ask for Inside Sales. Municipality of Kincardine Pedestrian Signals This specification describes the minimum acceptable requirements for a NEMA TS2 type 1 "Plug-N-Go" cabinet assembly with Econolite Cobalt ATC 1000 traffic signal controller. The assembly shall include the cabinet with base extension,flasher, Detector Rack and Detectors Not required for Pedestrian Signals, 1-16th malfunction management unit with event logging, LCD display and Ethernet port, 2—flash transfer relays,TS2 power supply and cabinet auxiliary power supply.The assembly shall include a 12 position 16 channel load bay complete with 2—bus interface units and 2—dual indication load switch. ' Econolite model Cobalt ATC 1000 shall meet and exceed all the requirements of the NEMA publication TS2-2003 and the latest ATC specification. It shall be NTCIP Level 2 compliant and fully compatible with Centracs® Advanced Transportation Management System. It must be supplied with the following or newer software: version 2.65, OS 1.14.03 Factory QPS inspection based on CSA model code SPE-1000 for the field evaluation of electrical equipment shall be performed and cabinet labeled. The complete assembly will be supplied direct from the manufacturer and tested under full load per documented ISO procedures. 1 The cabinet assembly shall meet, as a minimum, all applicable sections of the NEMA TS2-2003 Standard Publication(or newer)version.Where differences occur,this specification shall govern. 2. Cabinet Design and Construction 2.1. The cabinet shall be constructed from type 5052-H32 aluminum with a minimum thickness of 0.125 inches. Each cabinet shall be of sufficient size to accommodate all equipment. At a minimum, the cabinet size will be Econolite Model MSX 59"H x 30"W x 17"D.The MSX shall also be pole mountable if specified with the addition of pole mount brackets and bottom plate. Internal welded pole mount reinforcing plates will be included as standard. 2.2. Each cabinet shall be provided with a 15" two piece extension base. The paint and dimensions shall match the cabinet. A roll of%" neoprene gasket shall be supplied. 2.3. The cabinet shall be designed and manufactured with materials that will allow rigid mounting, whether intended for pole, base or pedestal mounting.The cabinet must not flex on its mount. 1 2.3.1. A rain channel shall be incorporated into the design of the main door opening to prevent liquids from entering the enclosure.The cabinet door opening must be a minimum of 80 percent of the front surface of the cabinet.A stiffener plate shall be welded across the inside of the main door ' to prevent flexing. 110 Travail Road ECONOI®1�'E Markham,Ontario Canada 1-800-661-7226 L3$3J1 Solutions that Move the World® I z = � t .� 4 e 2.3.2. The top of the cabinet shall incorporate a 1-inch slope toward the rear to prevent rain accumulation. 2.4. All surfaces shall be free from weld flash. Welds shall be smooth, neatly formed, free from cracks, blowholes and other irregularities.All sharp edges shall be ground smooth. 2.5. Shall be powder painted grey Dupont # PFH 502-58 (ASA 70 match), the exterior shall be degreased and primed with a spray applied iron phosphate coat equivalent to a four-stage iron phosphate coat prior to painting.The final coat shall consist of a powder coat paint(TGIC or equivalent) applied with a minimum thickness of 2 mils. 2.6. All seams that are not welded shall be sealed with RTV sealant or equivalent material on the interior of the cabinet. 2.7. All cabinets shall be supplied with a minimum of three (3) removable shelves manufactured from 5052-H32 aluminum. Shelf shall be a minimum of 10 inches deep. There shall be sufficient space and ventilation to accommodate a controller unit, MMU and 16 channel detector/preemption rack. An aluminum sliding computer shelf and document enclosure shall be provided under the bottom shelf. 2.8. The shelf shall have horizontal slots at the rear and vertical slots at the front of the turned down side flange. The shelf shall be installed by first inserting the rear edge of the shelf on the cabinet rear sidewall mounting studs,then lowering the shelf on the front sidewall mounting studs. The shelf shall be held in place by a nylon tie-wrap inserted through holes on the front edge of the shelf and around the front sidewall mounting studs. I 2.9. The front edge of the shelf shall have holes punched every 6 inches to accommodate tie-wrapping of cables/harnesses. 2.10. A minimum of one set of vertical pre-punched channels shall be mounted on each interior wall of the cabinet for the purpose of mounting the cabinet components.The holes shall be spaced every'A". 2.11. The main door and police door-in-door shall close against a weatherproof and dust-proof, closed-cell neoprene gasket seal.The gasket material for the main door shall be a minimum of 0.250 inches thick111 by 1.00 inch wide.The gasket material for the police door shall be a minimum of 0.250 inches thick by 0.500 inches wide.The gaskets shall be permanently bonded to the cabinet. 2.12. The lower section of the cabinet shall be equipped with a louvered air entrance.The air inlet shall be large enough to allow sufficient air flow per the rated fan capacity. Louvers must satisfy the NEMA rod entry test for 3R ventilated enclosures. A non-corrosive, vermin and insect-proof, removable air filter shall be secured to the air entrance. The filter shall fit snugly against a combination summer/winter 1 vent plate and be supplied complete with gasket. 2.13. The roof of the cabinet shall incorporate an exhaust plenum with a vent screen. Perforations in the vent screen shall not exceed 0.125 inches in diameter. I I I I 110 Travail Road 1ECDNOLUTE I Markham,Ontario Canada 1-800-661-7226 L3S 3J1 Solutions that Move the World® I x_fit j I ' Cabinet Door 2.14. The main door shall be equipped with a three-point latching mechanism. 2.15. The handle on the main door of the cabinet shall be manufactured from stainless steel. The handle shall include a hasp for the attachment of an optional padlock. The cabinet door handle shall rotate counter-clockwise to open.The handle shall not extend beyond the perimeter of the main door at any 1 time. The lock assembly shall be positioned so that the handle shall not cause any interference with the key when opening the cabinet door. 2.16. The main door hinge shall be a one-piece, continuous piano hinge with a stainless steel pin running the entire length of the door. The hinge shall be attached in such a manner that no rivets or bolts are exposed. 2.17. The main door shall include a mechanism capable of holding the door open at approximately 90, 145, ' and 165 degrees under windy conditions. 2.18.The main door shall be equipped with a Corbin tumbler lock number 1548-1 or exact equivalent. Minimum of two keys shall be supplied. 1 2.19. The police door-in-door shall be provided with a treasury type lock Corbin No. R357SGS or exact equivalent and has a minimum of one key. 2.20. Enclosure must meet NEMA 3R rating requirements. 111 3. Terminals and Facilities/Main Panel Design and Construction 3.1. The main panel shall be constructed from 5052-H32 brushed aluminum of 0.125 inches minimum thickness and installed so as to minimize flexing when plug-in components are installed. 3.2. All main panels are provided with a mounting mechanism which allows easy access to all wiring on the rear of the panel. Lowering of the main panel can be accomplished without the use of hand tools. Complete removal can be accomplished by the use of simple hand tools. 1 3.3. The terminals and facilities shall be provided in the following configuration: Twelve load switch sockets, six flash transfer relay sockets, one flasher socket, 2- BIU sockets, one 16-channel detector rack with one BIU,and one Type-16 MMU. 1 3.4. All load switch and flash transfer relay socket reference designators shall be silk-screen labeled on the front and rear of the main panel to match drawing designations. Socket pins shall be marked for refer- ence on the rear of the panel. 1 3.5. Two Econolite Model 32860G1 Bus Interface Units shall be supplied with the main panel. 3.6. One Econolite Model 1084-003 TS2 cabinet power supply shall be supplied with each cabinet assembly and shall be wired directly to the Power Bus Assembly via a 12-pin Molex Robotic type connector 1 Model#54332-1270 or AMP/TYCO plug-n-go connector. The cabinet power supply shall meet the requirements of Section 5.3.5 of the NEMA TS2 Standard. 3.7. All load switches shall be supported by a bracket,extending at least half the length of the load switch. 3.8. The 12 load switch position main panel shall have all field wires contained on two rows of horizontally mounted terminal blocks. The upper row shall be wired for the pedestrian and overlap field 110 Travail Road HECONOLITE Markham,Ontario Canada 1-800-661-7226 L3S 3J1 Solutions that Move the Worlds I Ta terminations. The lower row shall be reserved for phase one through phase eight vehicle field 111 terminations. 3.9. All field output circuits shall be terminated on a non-fused barrier type terminal block with a minimum rating of 10 amps. 3.10.All field input/output (I/O)terminals shall be identified by permanent alphanumerical labels. All labels shall use standard nomenclature per the NEMA TS2 specification. 3.11. It shall be possible to flash either the yellow or red indication on any vehicle movement and to change from one color indication to the other by use of a screwdriver. 3.12. Field terminal blocks shall be wired to use four positions per vehicle or overlap phase (green, yellow, and red,flash). It shall not be necessary to de-buss field terminal blocks for flash programming. 3.13. The main panel shall contain at least one flasher socket (silk screen labeled) capable of operating a 15-amp, 2-pole, NEMA solid-state flasher. The flasher shall be supported by a bracket, extending at least half its length. 3.14. One RC network shall be wired in parallel with each group of three flash-transfer relays and any other relay coils. 3.15. All logic-level, NEMA-controller and Malfunction Management Unit input and output terminations on the main panel shall be permanently labeled. Cabinet prints shall identify the function of each terminal position. 3.16. At a minimum, three 20-position terminal blocks shall be provided at the top of the main panel to provide access to the controller unit's programmable and non-programmable I/O. 3.17. All main panel wiring shall conform to the following wire size and color: • Green/Walk load switch output-brown wire-14 gauge • Yellow load switch output-yellow wire- 14 gauge • Red/Don't Walk load switch-red wire output- 14 gauge • MMU (other than AC power)-violet wire-22 gauge • Controller I/O-blue wire-22 gauge • AC Line (power panel to-black wire main panel)-8 gauge • AC Line(main panel)-black wire-10 gauge • AC Neutral (power panel to-white wire main panel)-8 gauge • AC Neutral (main panel)-white wire- 10 gauge • Earth ground (power panel)-green wire-8 gauge • Logic ground-gray wire-22 gauge • Flash programming-Orange wire • Flasher terminal-Black wire red or yellow field terminal-14 gauge 3.18. All wiring, 14 AWG and smaller, shall conform to MIL-W-16878/1, type B/N, 600V, 19-strand tinned copper.The wire shall have a minimum of 0.010 inches thick PVC insulation with clear nylon jacket and rated to 105 degrees Celsius. All 12 AWG and larger wire shall have UL listed THHN/THWN 90 degrees Celsius,600V,0.020 inches thick PVC insulation and clear nylon jacketed. 3.19. Connecting cables shall be sleeved in a braided nylon mesh or poly-jacketed. The use of exposed tie- 111 wraps or interwoven cables is unacceptable. 3.20. All Terminals and Facilities configurations shall be provided with BIU wiring assignments consistent with NEMA TS2-1998 specifications. 110 Travail Road EEC®N®LITE 1 Markham,Ontario Canada 1-800-661-7226 L3S 311 Solutions that Move the World® I I µ� �., ,max, : ���, ��� � +� � 3.21.All wiring shall be neat in appearance.All cabinet wiring shall be continuous from its point of origin to its termination point. Butt type connections or splices are not acceptable. ' 3.22.All connecting cables and wire runs shall be secured by mechanical clamps. Stick-on type clamps are not acceptable. 3.23.The grounding system in the cabinet shall be divided into three separate circuits(AC Neutral, Earth Ground, and Logic Ground).These ground circuits shall be connected together at a single point as outlined in the NEMA TS2 Standard. 3.24.The main panel shall incorporate a safety relay, to be designed as K1, to remove +24 VDC from the common side of the load switches when the intersection is placed into mechanical flash.The relay shall have a momentary pushbutton located on the relay to apply power to the load switch inputs for ease of troubleshooting. 3.25.All wire (size 16 AWG or smaller) at solder joints shall be hooked or looped around the eyelet or terminal block post prior to soldering to ensure circuit integrity. Lap joint soldering is not acceptable. 3.26.All Terminals and Facilities configurations shall be provided with sufficient RS-485 Port 1 communication cables to allow for the intended operation of that cabinet. Each communication cable connector shall be a 15 pin metal shell D subminiature type.The cable shall be a shielded cable suitable for RS-485 communications. 3.27. All main panels shall be pre-wired for a Type-16 Malfunction Management Unit. 3.28. All pedestrian push button inputs from the field to the controller shall be opto-isolated through the BIU and operate at 12 VAC as per NEMA TS2 Type 1 specifications. 4. Power Panel Design and Construction ' 4.1. The power panel shall integrated into the main panel and be located on the lower right portion of the cabinet. The power panel shall be wired to provide the necessary filtered power to the load switches, flasher(s), and auxiliary equipment necessary. The power components shall be equipped with a ' removable Lexan flame resistant front cover for protection.The design will allow a technician to access the main and auxiliary breakers without removing the protective front cover. ' 4.2. The power panel portion of the main panel shall include the following components: a. A minimum of one (1) 40-amp main breaker shall supply power to the controller, MMU, signals, cabinet power supply and auxiliary panels. Breakers shall be at minimum, a thermal magnetic type, UL listed for HACR service,with a minimum of 10,000 amp interrupting capacity. b. A minimum of one (1) 15-amp auxiliary breaker.This breaker shall supply power to the fan, light and GFI utility outlet. c. An EDCO model ACP-340 or exact approved equivalent surge arrester. d. A 50 amp, 125 VAC radio interference line filter. e. A normally-open, 70-amp, Solid State Relay (SSR). Shall be Crydom Model Number HA4875H or approved equal. f. A minimum of one (1) 8-position neutral bus bar is capable of connecting three #12 wires per position. g. A minimum of one (1) 6-position ground bus bar capable of connecting three #12 wires per position. h. A minimum of one(1) NEMA type 5-15R GFI utility outlet. ' 110 Travail Road 'EC®NOLITE Markham,Ontario Canada 1-800-661-7226 L35 3J1 Solutions that Move the World® _ _ kik*: Mat^ 7=1N- ' FR, t i 5. Auxiliary Cabinet Equipment/Power Bus Assembly I 5.1. Stego model#ZR-011 dual thermostat shall be supplied.One exhaust fan complete with a metal safety shield shall be provided. The fan shall be a ball bearing type fan and shall be capable of drawing a minimum of 100 cubic feet of air per minute (CFM). Two 150watt silicone film heaters complete with aluminum mounting plate will be supplied. 1115.2. A cabinet light and switch shall be provided to sufficiently illuminate the field terminals.The lamp shall be wired to a 15-amp ON/OFF toggle switch mounted on the power panel. 5.3. A re-sealable nylon print pouch shall be mounted to the door of the cabinet. The pouch shall be of sufficient size to accommodate two complete sets of folded cabinet prints. 5.4. A minimum of two sets of complete and accurate cabinet drawings shall be supplied with each cabinet. 5.5. The power bus assembly shall be manufactured from 0.090",5052-H32 aluminum. It shall provide filtered power for the controller, malfunction management unit,cabinet power supply,and all auxiliary equipment. It shall include the SDLC Bus connecting cables wired into a surface-mounted terminal block. As an alternate SDLC Bus connections may be made via an SDLC Hub Assembly. 5.6. All cabinet equipment requiring filtered power to operate shall be connected to the power bus assembly by a 12-pin Molex Robotic Type connector Model#54332-1270 or AMP/TYCO plug-n-go connector hardwired directly to the supplied terminal blocks. 5.7. An SDLC Hub Assembly shall include a minimum of three and maximum of eight D-Subminiature Female 15 pin (DB15)connectors that are wired in series. 5.8. The Power Bus Assembly shall house the following components: a. A minimum of three and a maximum of six power connectors. b. Two terminal strips to hardwire the power connections. c. SDLC terminal block with pre-wired cables or SDLC Hub Assembly 5.9. Each interface panel shall allow for the connection of eight or sixteen independent field loops.A ground bus terminal shall be provided between each loop pair terminal to provide a termination for the loop lead-in cable ground wire. 5.10. Each interface panel shall provide a 10 position terminal block to terminate the field wires for up to two 2 channel preemption devices. 5.11. Lightning protection device mounting holes shall be provided to accommodate an Edco SRA-16C,or Edco SRA-6,or Edco LCA-6,or a varistor lightning protection device. Lightning protection devices shall not be provided unless specifically called for in the special provisions of this specification. 5.12. Each detector rack shall be powered by the cabinet power supply and be connected to the power bus assembly by means of a 12-pin Molex Robotic type connector Model#54332-1270 or AMP/TYCO plug- n-go connector. 5.13. A cable consisting of 20 AWG twisted pair wires shall be wired directly from the interface panel to the detector rack.The twisted pair wires shall be color coded red and white wire. 5.14. All termination points shall be identified by a unique number on the panel. I 110 Travail Road HECDNDLITE ' Markham,Ontario Canada 1-800-661-7226 L3S 3J1 Solutions that Move the World® I '1�1 � 3 9 � x P �- ., f � A Ar. 1111 6. Cabinet Test Switches and Police Panel 6.1. An aluminum test switch panel complete with Lexan switch cover shall be mounted on the inside of the main door.The test switch panel shall provide as a minimum the following: a. AUTO/FLASH SWITCH - When in the flash position, power shall be maintained to the controller and the intersection shall be placed in flash. The controller shall not be stop timed when in flash. Wired according to NEMA TS1-1989 the CMU forces the controller to initiate the start-up sequence when existing flash. I c. STOP TIME SWITCH-When applied,the controller shall be stop timed in the current interval. e. CONTROLLER POWER ON/OFF - This switch shall control the controller, CMU, and cabinet power supply AC power. On/off/momentary test switches shall be provided for 8 vehicle and 4 pedestrian inputs to the controller. These calls can also be placed from the ASC/3 keyboard while in the standard status Idisplay. 6.2. The police door switch panel shall contain the following: a. SIGNALS ON/OFF SWITCH - In the OFF position, power shall be removed from signal heads in the intersection.The controller shall continue to operate.When in the OFF position,the CMU shall not conflict or require reset. I b. AUTO/FLASH SWITCH — When in the flash position, power shall be maintained to the controller and the intersection shall be placed in flash. The controller shall be stop timed when in flash. Wired according to NEMA TS1-1989 the CMU forces the controller to initiate the start-up I sequence when exiting flash. c. AUTO/MANUAL SWITCH - Cabinet wiring shall include provisions for an AUTO/MANUAL switch and a momentary push button or hand cord. 6.3. All toggle type switches shall be heavy duty and rated 15 amps minimum. Single- or double-pole switches may be provided,as required. 6.4. Any exposed terminals or switch solder points shall be covered with a non-flexible shield to prevent I accidental contact. 6.5. All switch functions must be permanently and clearly labeled. 6.6. All wire routed to the police door-in-door and test switch push button panel shall be adequately I protected against damage from repetitive opening and closing of the main door. 6.7. All test switch panel wiring shall be connected to the main panel via a 50-pin Molex Robotic type connector Model#54332-5001 or AMP/TYCO plug-n-go connector. 111 6.8. Wiring from the main panel to the test switch panel shall be connected to the switch panel via a 30-pin Molex Robotic type connector Model#54332-3070 or AMP/TYCO plug-n-go connector. 1 110 Travail Road HECON®LITE Markham,Ontario Canada 1-800-661-7226 Solutions that Move the Worlds ' L3S 3J1 z- 111 y ga�gyy 7. Auxiliary Devices 7.1. Load Switches ' 7.1.1. Load switches shall be solid state dual indication type and shall conform to the requirements of NEMA T52-2003. 7.1.2. Signal load switches shall have a minimum rating of 10 amperes at 120 VAC for an incandescent I lamp load. 7.1.3. The front of the load switch shall be provided with six indicators to show the input signal from the controller to the load switch and the output from the load switch to field terminal. 7.1.4. Load switches shall be dedicated per phase.The use of load switches for other partial phases is not acceptable. 7.1.5. Two load switches shall be supplied with each cabinet to allow for maximum phase utilization for which the cabinet is designed. The load switch shall be RENO-LS200 or approved equal. 7.2. Flashers I 7.2.1. The flasher shall be solid state and shall conform to the requirements of NEMA TS2-2003. 7.2.2. The flasher shall be rated at 15 amperes,double pole with a nominal flash rate of 60 FPM. One flasher shall be supplied EDI Model 810 or approved equal. I 7.3. Flash Transfer Relays 7.3.1. All flash transfer relays shall meet the requirements of NEMA TS2-2003. , 7.3.2. The coil of the flash transfer relay must be de-energized for flash operation. An LED shall be included that provides an indication of coil voltage. 7.3.3. The full complement of relays shall be supplied with each cabinet to allow for maximum phase utilization for which the cabinet is designed. Two flash transfer relays shall be supplied RENO TR-200 or approved equal. 7.4. Malfunction Management Unit(MMU) 7.4.1. Each cabinet assembly shall be supplied with one MMU as defined by the requirements of Section 4 of the NEMA TS2 Standard. They shall include a Full Intersection Liquid Crystal display (LCD) along with an communications port which is used to communicate with a Personal Computer using software to retrieve monitor status, event logs, and signal sequence history logs stored in nonvolatile memory for diagnostic and archival purposes. The MMU shall be EDI Model MMU-16LE(ip) SmartMonitor with Ethernet port. 1 110 Travail Road HECONDLITE Markham,Ontario Canada 1-800-661-7226 L3S 3J1 Solutions that Move the World® 1 om` >..�"r"-51:;:a ' ,•'¢ >a z��} r �,s� F - f�x .., R '. +`.#', I - II8. Testing and Warranty I 8.1. Testing 8.1.1. Each controller, cabinet assembly and specified plug in components shall be tested as a complete entity under signal load for a minimum of 24 hours. I8.1.2. Each assembly shall be delivered with a signed document detailing the cabinet final tests performed. • 8.1.3. The cabinet shall be assembled and tested by the controller manufacturer to ensure proper 111 component integration,configuration and operation. 8.2. Warranty 1 8.2.1. The controller and Malfunction Management Unit shall be warranted by the manufacturer against mechanical and electrical defects for a period of two years from date of shipment. The manufacturer's warranty shall be supplied in writing with each cabinet and controller. Second Iparty extended warranties are not acceptable. See below Econolite warranty. 8.2.2. The wired cabinet assembly and vehicle detector amplifiers shall be warranted for a period of one year from date of shipment. See below Econolite warranty. t 1 WARRANTY Econolite Control Products,Inc.(Econdhe).wants the products listed to the original purchasing agency(Purchaser)for a periodof two(2)partizan date of shipment to be free from defects in material orworkmanshlp and to be of the kind and quality designated or specified in the contract.If Econolite installs the equipment or supplies technical direction or installation by contract the warranty period shall run from the completion of installation,provided same is not unreasonably delayed by the Purchaser.Econollte is not responsible for damage caused by negligence,acts of God,or use of equipment in a manner not originedy Intended If the equipment delivered hereunder does not meet the above warranty,and if the Purchaser promptly notifies Econolite.Econolite shell thereupon correct any detect,- lith g non-conformance with spedlicadons,eitler(aths option)by repairing anydereotve or damaged pads of to equipment or by making Iavailable at Econdte's plant rerasaary repaired or replacement parts.The liability of Econoite under tris war arty,for any toss or to the equigmhent whether the claim is based on contract or negligence,shat not in any caseexceed the cost of correcting defects hr the equipment as herein provided and,upon the expiration of the warranty period,all such liability shell terminate.The foregoing shat constitute the exclusive remedy of the Purchaser and the exclusive liabilityof Econolite.ETHE XPRESS WARRANTY WARRANTY SET FORTH IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY ECONOLRE.ECONOLITE MAKES AND PURCHASER RECENES NO OTHER EXPRESS WARRANTY AND NO IMPLIED WARRANTIES.ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.THE STATED EXPRESS WARRANTY IS IN LIEU OF AU.LIABILR)ES OR OBLIGATIONS OF ECONOLITE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE,DELIVERY,OPERATION OR USE OF THE GOODS. ', I The warranties sat forth herein shall be void t the goods have been(1)repaired or altered outside of Econollt's facilities,(2)subjected to misuse, 4 negligence,accident or opointed in other than normal and propari use and service,Or(3)connected,Instated or adjusted Ina manner not In accordance with 4 Econoite's instructions.This warranty dr��yoes not extend a products nomanufacared by Ecoratle.Econelite haste sola right b determine whether or not an • item obtain service under this is covered under our warrenwwarranfy,deliver the product to the factory at the address listed below.When returning products to Econolite,the following steps U 1' should be taken: t - Obtain a Return Authorization(RA)number from your local Econotte representative Pack in original(or equivalent)shipping container I - Liston packing sheet inside shipping container,the RA number,your purchase order number,end description of problem insure the package(or assume the risk of loss/ age during shipment) - Ship to nearest Econolite service location prepaid.Econolite will pay to return shipping charges. Eonolite Canada Inc. All:Service Dept 110 Travail road Markham,Ontario I L3S 3.11 ECONOLITE PRODUCTS COVERED UNDER THIS WARRANTY INCLUDE: l ASC/3-ASC/2S—ASC/2M—CBD6000—AUTOSCOPE PRODUCTS MMU—CMU—BIU—56K MODEM-CABINET POWER SUPPLY AAay r2008Warranty Rev O o re'ECONOLITE _ A -----_------ - — __— CONTROL P R O O Y C T B,-INC.----_ - - 110 Travail Road :61:ECONOLITE Markham,Ontario Canada 1-800-661-7226 L3S 3J1 Solutions that Move the World® 4 < � WARRANTY Econafde Control Products,Inc.(Econotle)warrants the products listed to the original purchasing agency(Purchaser)fora period of one(f)yearfrom date of shipment,to be free from detects In materal or workmanship and to be of the kind and quality designated or specified in the contract.If Econotte Installs the equipment or supplies technical direction or Installation by contract,the warranty period shell nm tram the completion of!natation,provided same is not unreasonably delayed by the Purchaser.amide Is not responsible for damage caused by negligence,acts of God,or use at equipment in a manner not origins/1y intended. - Ithe a ent delivered hereunder does not meet the above warranty,and I the Purchaser prom�y notifies Econolito,Econolite shag thereupon correct detect,' udmg noneoetormancewilh speeifiealrons,ether(at its option)by repatrina any defy ' et damaged parts e(the equipment or by mcidng whether clam is plant repo ligencreplacement pelts.The exceed of Econ_ f ondernNs wacts In th r any foss t as hedge to the er[��uipnd,u whetherthen of the is based on erio,all such debate,shall not In any ease exceed the cost of cute the defects In the equipment as Purchaser and provided and,upon - the expiration of warranty leaded,all debility shall terminate.The foregoing shat constitute the exclusive remedy o the the exclusive liability of Econoil e. - - - - THE EXPRESS WARRANTY SET FORTH ISA LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY ECONOUTE.ECONOIJTE MAKES AND PURCHASER RECENES NO OTHER EXPRESS WARRANTY AND NO IWUED WARRANTIES.ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL UABILITIES OR OBLIGATIONS OF 111 ECONOUTE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE,DELNERY,OPERATION OR USE OF THE GOODS. The warranties sot forth herein shall be voidlithe goods have been(1)repaired or adored outside of Ecosclite's facades,(2)subjected to misuse, negligence,accident or operated hi other than normal and proper use and service,or(3)connected installed or adjusted hr a manner nits accordance with 1) -EornNa's Irebuctto .urvianardyleoli This warranty does not extend to products not manufactured by Econoem.Econoete has the sole right to determine whether or not an item Is coveted undernsoy. V 2 - To obtain service under this warranty,deliver the product to the factory at the address listed below.When returning products to Econolee,the blowing 2 should be taken: - -- OObtaiack nh Retur(Auemr Authorization (RA)number your local Econolile representative - List on sheet inside sh conlairer,titre RA number,your purchase order number,and description of problem - insure pall e(orassume�of loss/damage during shipment) - Ship to nearest Econoie service location prepale.Econotite will pay the return shipping charges. Emanate Canada Inc. ATT:Service Dept TT:Travail road Markham,Ontario 1.35 3.11 ECONOLITE PRODUCTS COVERED UNDER THIS WARRANTY INCLUDE: WIRED CABINET ASSEMBLIES-VEHICLE DETECTOR AMPLIFIERS-ATC2070 CONTROLLERS POLYCARBONATE SIGNALS-ALUMINUM SIGNALS-UPS ®ECONOLITE YMay ear Rev 0 l 1 i 110 Travail Road EEC®NOLITE Markham,Ontario Canada 1-800-661-7226 Solutions that Move the World® L3S 3J1